Luciano Camberos-Villapuda v. United States
DueProcess HabeasCorpus
Whether exigent circumstances justified warrantless entry onto the curtilage and search of a vehicle under the automobile exception
QUESTION PRESENTED Does “exigent circumstances" needs justification when officers conducted a warrantless entry onto the curtilage unlawfully? And whether a warrantless search of the Expedition that was located onto the curtilage was reasonable under the , rule based on Collins v. Virginia? CORPORATE DISCLOSURE There is no parent or publicly held company owning 10% or more of the corporation's stock. see: S Ct. R. 29.6. PETITION FOR A WRIT OF CERTIORARI Petitioner Luciano Camberos-Villapuda respectfully petition for a writ of certiorari to. review the judgment of the United States Court of Appeals for the Eighth Circuit in this case. JUDGMENT BELOW The judgment of the United States of Appeals for the Eighth Circuit is reported at Luciano Camberos-Villapuda, case no. 19-2137(8th Cirs, 10/31/2019). GROUNDS FOR JURISDICTION The United States District Court for the District of South Dakota, Southern Division had original jurisdiction over this crminial case, pursuant to 18 U.S.C. § 3231, thereafter 28 U.S.C § 2255. see case no. 4:17-cv-04161-KES, document no. 22, dated: 5/07/2019. The Eighth Circuit affirmed the lower court judgment on October 31, 2019. see case no. 19-2137. This court's jurisdiction is invoked by the timely filing of this Petition for ; Writ of Certiorari within the prescribed 90 days from the final judgment rendered. see S Ct. R. 13.1. CONSTITUTIONAL PROVISION INVOLVED , U.S. Constitution Article VII, Amendment IV, states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " ‘ And Amendment XIV, section 1, clause II, in pertinent part: "No State shall make or enforce any law which shall abridge the privileges or immunitites of citizens of the United : States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person wihtin its jurisdiction the equal protection of the laws.