Charles Edward Cooper, Jr. v. United States
FourthAmendment DueProcess CriminalProcedure Privacy
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?
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 : ,