Paul Michael Malagerio v. United States
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.
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