No. 18-6587

David James Matthew v. United States

Lower Court: Ninth Circuit
Docketed: 2018-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: anticipatory-warrant conditional-warrant florida-v-jardines fourth-amendment knock-and-announce probable-cause search-and-seizure search-warrant united-states-v-grubbs warrantless-entry
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Whether agent Waldo's initial warrantless entry into the enclosed 'screened front patio' of Matthew's residence violated the Fourth Amendment

Question Presented (from Petition)

QUESTIONS PRESENTED (1) WHETHER AGENT WALDO’S INITIAL WARRANTLESS ENTRY, WITHOUT KNOCKING OR RINGING THE DOORBELL, INTO THE ENCLOSED “SCREENED FRONT PATIO” OF MATTHEW’S RESIDENCE VIOLATED THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION, THIS COURT’S DECISION IN FLORIDA V. JARDINES AND THE REQUIREMENTS OF THE ANTICIPATORY AND CONDITIONAL SEARCH WARRANT (2) WHETHER AGENT WALDO’S INITIAL WARRANTLESS ENTRY, WITHOUT KNOCKING OR RINGING THE DOORBELL, INTO THE ENCLOSED “SCREENED FRONT PATIO” OF MATTHEW’S RESIDENCE VIOLATED THE TRIGGERING CONDITIONS OF DELIVERY AND ACCEPTANCE CONTAINED IN THE ANTICIPATORY AND CONDITIONAL SEARCH WARRANT DID NOT OCCUR AND THEREFORE VIOLATED THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND THIS COURT’S DECISION IN UNITED STATES V. GRUBBS

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-09
Waiver of right of respondent United States to respond filed.
2018-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2018)

Attorneys

David James Matthew
Jason T. Holden — Petitioner
Jason T. Holden — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent