No. 24-75

Nicholas Yarofalchuw v. John Cabrera, et al.

Lower Court: Ninth Circuit
Docketed: 2024-07-25
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment curtilage curtilage-exception exigent-circumstances fourth-amendment misdemeanor misdemeanor-seizure reasonable-officer-standard santana-precedent search-and-seizure warrantless-arrest
Latest Conference: 2024-09-30
Question Presented (from Petition)

Is it clearly established that a warrantless arrest, in the absence of exigent circumstances, by physical force, for a misdemeanor, in the entrance to the curtilage of the suspect's home is an unreasonable seizure, or could a reasonable officer still believe that the "doorway exception" of United States v. Santana, 427 U.S. 38 (1976), allows for such an arrest?

Question Presented (AI Summary)

Is a warrantless arrest, in the absence of exigent circumstances, by physical force, for a misdemeanor, in the entrance to the curtilage of the suspect's home an unreasonable seizure?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-07
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Waiver of John Cabrera, et al. of right to respond submitted.
2024-08-01
Waiver of right of respondent John Cabrera, et al. to respond filed.
2024-07-22
Petition for a writ of certiorari filed. (Response due August 26, 2024)

Attorneys

John Cabrera, et al.
Jonathan Robert Glass Jr.CNMI Office of the Attorney General, Respondent
Nicholas Yarofalchuw
Joseph Edward Horey — Petitioner