No. 18-8508

Charles Edward Cooper, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: curtilage evidence-suppression fourth-amendment gated-community home police-procedure privacy privacy-rights privacy-wall search-and-seizure warrant warrantless-entry
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether the Fourth Amendment's protection of the home and its curtilage extends to the entrance of a privately gated community, surrounded by an eight foot privacy wall that completely blocks all public view and access?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WHETHER THE FOURTH AMENDMENT'S PROTECTION OF THE HOME AND IT'S CURTILAGE EXTENDS ‘TO THE ENTRANCE OF A PRIVATELY GATED COMMUNITY, SURROUNDED BY AN EIGHT FOOT , PRIVACY WALL THAT COMPLETELY BLOCKS ALL PUBLIC VIEW AND ACCESS? IF SO, DOES: THE FOURTH AMENDMENT PROHIBIT ‘tHE. . POLICE, UNINVITED AND WITHOUT A WARRANT TO ENTER, OR SHOULD STATEMENTS AND EVIDENCE THAT WERE OBTAINED AS A RESULT OF SUCH AN UNLAWFUL ENTRY BE SUPPRESSED? THIS IS AN ISSUE OF FIRST IMPRESSION, OF NATIONAL IMPORTANCE, WHICH REQUIRES THIS COURTS’ ATTENTION II. WHETHER THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT =~ REQUIRED THE NINTH CIRCUIT TO ADDRESS EACH OF THE APPELLANT'S ISSUES RAISED ON DIRECT APPEAL? IF SO, SHOULD THIS COURT REMAND THIS CASE FOR THE NINTH CIRCUIT TO REVIEW THE APPELLANT'S PREVIOUSLY OVERLOOKED ISSUES? ve : ,

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United States to respond filed.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Charles Edward Cooper
Charles Edward Cooper Jr. — Petitioner
Charles Edward Cooper Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent