No. 22-6575

Paul Michael Malagerio v. United States

Lower Court: Fifth Circuit
Docketed: 2023-01-19
Status: Denied
Type: IFP
IFP
Tags: civil-rights constructive-entry exigent-circumstances fourth-amendment home-invasion knock-and-announce law-enforcement santana-doctrine scott-v-harris search-and-seizure
Latest Conference: 2023-04-21
Question Presented (from Petition)

1. Whether multiple armed law enforcement officers surrounding a home at
daybreak, repeatedly banging on the home's only door, refusing to leave,
and ordering the occupant to exit, by name and at gunpoint, constitutes a
constructive entry within the home.

2. Whether a person who opens his door in response to multiple armed law
enforcement officers surrounding his home at daybreak, repeatedly
banging on the home's only door, refusing to leave, and ordering that
person to exit, by name and at gunpoint, voluntarily appears in public
pursuant to Santana v. United States.

3. Whether Scott v. Harris applies equally to evidence benefitting alleged
criminal defendants and law enforcement.

Question Presented (AI Summary)

Whether multiple armed law enforcement officers surrounding a home at daybreak, repeatedly banging on the home's only door, refusing to leave, and ordering the occupant to exit, by name and at gunpoint, constitutes a constructive entry within the home

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-23
Brief of respondent United States in opposition filed.
2023-02-17
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
2023-02-16
Motion to extend the time to file a response from February 21, 2023 to March 23, 2023, submitted to The Clerk.
2023-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Paul Malagerio
Mary Margaret PenroseTexas A&M University School of Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent