Question Presented (AI Summary)
Whether a 'special-needs exception' allows warrantless entry into a home
Question Presented (OCR Extract)
QUESTION PRESENTED This Court has long held that, without “consent” or “exigent circumstances,” warrantless “entry into a home” is “unreasonable under the Fourth Amendment.” Steagald v. United States, 451 U.S. 204, 211 (1981). It has further explained that the contours of “exigent circumstances” and “any other warrant exception permitting home entry are jealously and carefully drawn.” Lange v. California, 141 8. Ct. 2011, 2018 (2021) (cleaned up). Accordingly, the Court has “repeatedly” declined to expand the scope of any exceptions to the warrant requirement for home entry. Caniglia v. Strom, 141 S. Ct. 1596, 1600 (2021). Despite this Court’s guidance, the Second Circuit, without relying “on any other Fourth Amendment exception,” Pet. App. 26a n.25, held that a “specialneeds exception” to the warrant requirement allows the government to enter a home to seize the firearms of a person suspected of no crime and who is not subject to penal control or supervision. And that court granted qualified immunity to non-police state officials who, after finding that Petitioner presented no risk to himself or others, continued to confine him in a mental hospital until his firearms were seized. The questions presented are: (1) Whether a so-called “special-needs exception” to the Fourth Amendment exists and allows warrantless entry into the home of someone who is not subject to penal control or supervision. (2) Whether the Court should overrule the judgemade qualified immunity doctrine as to non-police state actors.
2022-11-03
Supplemental brief of petitioner Wayne Torcivia filed. (Distributed)
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-21
Reply of petitioner Wayne Torcivia filed. (Distributed)
2022-10-11
Brief of respondent Mary Catherine Smith in opposition filed.
2022-10-11
Brief of respondents Diana D’Anna, Kristen Steele, and Adeeb Yacoub, M.D. in opposition filed.
2022-10-10
Brief of respondent Suffolk County in opposition filed.
2022-08-19
Motion to extend the time to file a response is granted and the time is extended to and including October 11, 2022, for all respondents.
2022-08-18
Motion to extend the time to file a response from September 9, 2022 to October 11, 2022, submitted to The Clerk.
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-08-10
Response Requested. (Due September 9, 2022)
2022-08-04
Waiver of right of respondents Diana D’Anna, Kristen Steele, and Adeeb Yacoub, M.D. to respond filed.
2022-07-12
Waiver of right of respondent Mary Catherine Smith to respond filed.
2022-07-05
Motion for leave to file amici brief filed by Gun Owners of America, Inc., et al.
2022-07-05
Motion for leave to file amicus brief filed by New Civil Liberties Alliance.
2022-07-01
Motion for leave to file amici brief filed by Firearms Policy Coalition and FPC Action Foundation.
2022-07-01
Motion for leave to file amicus brief filed by Institute for Justice.
2022-06-29
Motion to extend the time to file a response is granted and the time is extended to and including August 4, 2022, for all respondents.
2022-06-28
Motion to extend the time to file a response from July 5, 2022 to August 4, 2022, submitted to The Clerk.
2022-05-31
Petition for a writ of certiorari filed. (Response due July 5, 2022)
2022-03-22
Application (21A521) granted by Justice Sotomayor extending the time to file until May 31, 2022.
2022-03-17
Application (21A521) to extend the time to file a petition for a writ of certiorari from March 29, 2022 to May 28, 2022, submitted to Justice Sotomayor.
Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Tennessee Firearms Association, Virginia Citizens Defense League, Heller Foundation, America's Future, and Conservative Legal Defense and Education Fund