No. 23-5428
Hector Gastelum Valenzuela v. United States
Tags: 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search
Latest Conference:
2023-10-06
Question Presented (from Petition)
Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justify a protective sweep.
Whether officers create or manufacture an exigency when they learn that someone occupies a motel room by attempting to enter and then knocking and demanding entry at one in the morning.
Question Presented (AI Summary)
Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justify a protective sweep
Docket Entries
2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2023)
Attorneys
Hector Valenzuela
Shane O'Neal — O'Neal Law, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent