No. 19-1057

Lori Rodriguez, et al. v. City of San Jose, California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-02-25
Status: Denied
Type: Paid
Amici (2)Response RequestedRelisted (3) Experienced Counsel
Tags: civil-rights community-caretaking constitutional-rights fourth-amendment fourth-amendment-search-and-seizure immediate-threat issue-preclusion ripeness search-and-seizure second-amendment timely-warrant warrant-requirement
Key Terms:
SecondAmendment FourthAmendment DueProcess Takings JusticiabilityDoctri
Latest Conference: 2020-10-09 (distributed 3 times)
Question Presented (AI Summary)

Whether the Fourth Amendment allows an exception to its warrant requirement for so-called 'community caretaking' where the alleged danger to the community has been resolved and the premises to be searched and items then seized do not contain or pose an immediate threat making it impossible to obtain a timely warrant?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourth Amendment allows an exception to its warrant requirement for so-called “community caretaking” where the alleged danger to the community has been resolved and the premises to be searched and items then seized do not contain or pose an immediate threat making it impossible to obtain a timely warrant? 2. Whether issue preclusion can bar a claim for deprivation of a constitutional right where the prior decision discussing the constitutional issue did not depend on resolving the merits of that issue, found state-law procedures remained that could moot the claimed infringement, and thus could not have been further reviewed in this Court given that the constitutional claim would be seen as unripe and potentially avoided by adequate and independent state grounds? 3. Whether this Court should exercise its supervisory powers to review the improper circumvention of Second Amendment protections in the Ninth Circuit or, at a minimum, hold this case for No. 18-280, New York State Rifle & Pistol Association, Inc. v. City of New York?

Docket Entries

2020-10-13
Motion for leave to file amici brief filed by Gun Owners of California, et al. GRANTED.
2020-10-13
Petition DENIED.
2020-10-05
DISTRIBUTED for Conference of 10/9/2020.
2020-09-22
Reply of petitioners Lori Rodriguez, et al. filed.
2020-07-01
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Brief of respondents City of San Jose, California, et al. in opposition filed.
2020-05-20
Motion for leave to file amici brief filed by Gun Owners of California, et al.
2020-05-12
Motion to extend the time to file a response is granted and the time is extended to and including June 22, 2020.
2020-05-05
Motion to extend the time to file a response from May 20, 2020 to June 22, 2020, submitted to The Clerk.
2020-04-20
Response Requested. (Due May 20, 2020)
2020-04-08
DISTRIBUTED for Conference of 4/24/2020.
2020-02-21
Petition for a writ of certiorari filed. (Response due March 26, 2020)
2019-12-12
Application (19A653) granted by Justice Kagan extending the time to file until February 21, 2020.
2019-12-11
Application (19A653) to extend the time to file a petition for a writ of certiorari from December 23, 2019 to February 21, 2020, submitted to Justice Kagan.

Attorneys

City of San Jose, California, et al.
Matthew W. PritchardCity of San Jose, City Attorney's Office, Respondent
Matthew W. PritchardCity of San Jose, City Attorney's Office, Respondent
Malgorzata LaskowskaOffice of City Attorney, City of San Jose, Respondent
Malgorzata LaskowskaOffice of City Attorney, City of San Jose, Respondent
Matthew PritchardOffice of the City Attorney, San Jose, CA, Respondent
Matthew PritchardOffice of the City Attorney, San Jose, CA, Respondent
Gun Owners of California, Gun Owners of America, Gun Owners Foundation, Heller Foundation, and Conservative Legal Defense and Education Fund
Jeremiah Lee MorganWilliam J. Olson, P.C., Amicus
Jeremiah Lee MorganWilliam J. Olson, P.C., Amicus
Lori Rodriguez, et al.
Donald E. J. Kilmer Jr.Law Offices of Donald Kilmer, APC, Petitioner
Donald E. J. Kilmer Jr.Law Offices of Donald Kilmer, APC, Petitioner