No. 18-8783

Daniel R. Kendricks v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-04-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest-warrant firearm fourth-amendment law-enforcement officer-safety plain-view search-and-seizure search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether law enforcement, when searching a residence pursuant to an arrest warrant, can initiate a separate search into any firearm that it encounters, even when that firearm is unrelated to the subject of the warrant and shows no signs of illegality, without violating the Fourth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED The Fourth Amendment permits law enforcement officers, already searching pursuant to a valid warrant, to search and seize readily apparent contraband found in plain view. The Fourth Amendment also permits officers executing a valid search warrant to take reasonable steps to : secure their safety. Neither the “plain view” nor the “officer safety” exceptions to the Fourth Amendment’s warrant requirement, however, apply to the conduct that the Petitioner challenges in this case. . The question presented is whether law enforcement, when searching a residence pursuant to an arrest warrant, can initiate a separate search into any firearm that it encounters, even when that firearm is unrelated to the subject of the warrant and shows no signs of illegality, without violating the Fourth Amendment. i

Docket Entries

2019-05-13
Petition DENIED.
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Waiver of right of respondent United States of America to respond filed.
2019-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 10, 2019)

Attorneys

Daniel Kendricks
Aliza Hochman BloomOffice of the Federal Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent