No. 21-7874

William Meyer v. United States

Lower Court: Eighth Circuit
Docketed: 2022-05-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment civil-rights consent due-process exigent-circumstances fourth-amendment home-entry knock-and-talk search-and-seizure warrantless-search
Latest Conference: 2022-06-09 (distributed 2 times)
Question Presented (from Petition)

In a "knock and talk " scenario, "even if an occupant chooses to open the door
and speak with the officers, the occupant need not allow the officers to enter the
premises and may refuse to answer any questions at any time. " Kentucky v. King,
563 U.S. 452, 470 (2011).

The first question presented is:

Whether a homeowner 's repeated denials of consent to search during a "knock
and talk " establishes exigent circumstances, specifically that the destruction of
evidence is imminent, to justify a warrantless entry and search of the home?

Assuming repeated denials of consent can constitute exigent circumstances,
the second question presented is:

Whether officers impermissibly create exigent circumstances when their
conduct during a "knock and talk " goes beyond what a private citizen would do,
including by continually seeking consent to search when the homeowner has
repeatedly denied consent and by stating that a search of the home is inevitable?

Question Presented (AI Summary)

Whether a homeowner's repeated denials of consent to search during a 'knock and talk' establishes exigent circumstances, specifically that the destruction of evidence is imminent, to justify a warrantless entry and search of the home?

Docket Entries

2022-06-13
Petition DENIED.
2022-05-25
DISTRIBUTED for Conference of 6/9/2022.
2022-05-19
Waiver of right of respondent United States to respond filed.
2022-05-16
Motion (21M109) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-04-20
MOTION (21M109) DISTRIBUTED for Conference of 5/12/2022.
2022-04-11
Motion (21M109) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
William Meyer
Heather QuickFederal Public Defender Office, Petitioner