No. 20-5960

Joe Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-10-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest-warrant constitutional-rights fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep search-and-seizure standard-procedure
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Does a protective sweep of person's entire residence by law enforcement officers pursuant to 'standard procedure' upon their entry when serving an arrest warrant conflict with this Court's decision in Maryland v. Buie, 494 U.S. 325 (1990)?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Does a protective sweep of person’s entire residence by law enforcement officers pursuant to “standard procedure” upon their entry when serving an arrest warrant conflict with this Court’s decision in Maryland v. Buie, 494 U.S. 325 (1990)? IL. Can a protective sweep of an entire residence that is conducted pursuant to “standard procedure” upon entry by law enforcement officers serving an arrest warrant be justified solely by the personal characteristics and affiliations of the resident named in the warrant in the absence of “probable cause to believe that a serious and demonstrable potentiality for danger exist[s]” to those at the arrest scene from another person in “the area to be swept’? Buie, 494 US. at 334, 336. 1

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-19
Waiver of right of respondent United States to respond filed.
2020-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Joe Hernandez
H. Michael SokolowFederal Public Defender, Petitioner
H. Michael SokolowFederal Public Defender, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent