No. 19-8715

Timothy Robert Treffinger v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-06-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: curtilage effective-assistance-of-counsel fourth-amendment knock-and-talk law-enforcement privacy-expectation reasonable-expectation-of-privacy search-and-seizure
Key Terms:
HabeasCorpus Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Do law enforcement officers have an implied license to conduct a 'knock and talk' in the curtilage of a home?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question 1: Do law enforcement officers have an implied license to cross the clearly marked and defined curtilage of a home to conduct a "knock and talk" where the homeowner has taken numerous steps to ensure privacy and security, thus giving express orders to the public and for private citizens not to enter? Or, in the alternative, does such an action violate the owner/occupant's reasonable expectation of privacy as guaranteed by the Fourth Amendment? Question 2: Does counsel provide effective assistance, as guaranteed by the Sixth Amendment, when he fails to investigate obvious avenues of merit involving serious Fourth Amendment violations of seizure and detainment within the curtilage of a home, flagrant police coercion, and warrantless search--issues that would have led to a different outcome at trial? i

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Waiver of right of respondent United States to respond filed.
2020-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2020)

Attorneys

Timothy Robert Treffinger
Timothy Robert Treffiner — Petitioner
Timothy Robert Treffiner — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent