Roderick Delon Lewis v. United States
FourthAmendment CriminalProcedure JusticiabilityDoctri
Whether an officer's intrusion into the curtilage of a residence implicated Fourth-Amendment-protections, requiring probable-cause rather than reasonable-suspicion
QUESTIONS PRESENTED This case involves police intrusion onto Petitioner’s curtilage based on nothing more than a warrant for someone in the town of Dillon, South Carolina who had the same last name as Petitioner. The district and appellate courts sanctioned the seizure and search of Petitioner on his curtilage using a reasonable suspicion analysis and by greatly extending the holding of Terry v. Ohio, 392 U.S. 1 (1968). Therefore, this petition asks the Court to consider two issues: 1Whether an officer’s intrusion into the front and back yards of the Petitioner’s residence so obviously implicated the Fourth Amendment curtilage protections that the district and appellate courts erred in applying a reasonable suspicion, rather than probable cause, standard, particularly in light of this Court’s recent opinion in Collins v. Virginia, 138 S. Ct. 1663 (2018), which reaffirmed this Court’s long-line of jurisprudence about the Fourth Amendment; and, 2Relatedly, whether the Fourth Circuit’s holding that a Terry stop, resulting in seizure and search of Petitioner and his surroundings on his curtilage, when there was no probable cause, no officer safety concerns, and no exigent circumstances, was erroneous, particularly since the Lewis decision conflicts with at least three other circuits’ holdings. i