No. 18-5715

Thomas A. Sweeney v. United States

Lower Court: Sixth Circuit
Docketed: 2018-08-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment criminal-procedure fourth-amendment griffin-v-wisconsin law-enforcement parole parole-search-and-seizure privacy-rights probation probation-supervision samson-v-california search-and-seizure stalking-horse
Key Terms:
AdministrativeLaw FourthAmendment CriminalProcedure Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Did this Court's decision in Samson v. California overturn the 'stalking horse' doctrine?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has held that persons on parole have a “lesser” expectation of privacy than the general public, due to the “special needs” of the state in preventing recidivism and promoting rehabilitation. Griffin v. Wisconsin, 483 U.S. 868, 107 S. Ct. 3164, 97 L. Ed. 2d 709 (1987). After Griffin, most circuits recognized that despite these lesser expectation, a probation officer cannot be used as a “stalking horse” to allow police officers to conduct new criminal investigations. Did (as the Sixth Circuit found in this case) this Court’s decision in Samson v. California, 547 U.S. 848, 126 S. Ct. 2198, 165 L. Ed. 2d 250 (2006) overturn the “stalking horse” doctrine? ii

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

Thomas Sweeney
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
Kevin Michael SchadOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent