No. 21-7114

Robert Noel Smith v. Florida

Lower Court: Florida
Docketed: 2022-02-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment exigent-circumstances felony-fleeing fourth-amendment fresh-pursuit home-entry lange-v-california misdemeanant-pursuit probable-cause vehicle-registration warrantless-search
Key Terms:
FourthAmendment
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Can State courts lawfully hold evidence admissible obtained from a warrantless search, seizure, and arrest where an officer entered the residence of a fleeing misdemeanant

Question Presented (from Petition)

Question Presented Can State courts lawfully hold evidence admissible obtained from a warrantless search, seizure, and arrest where an officer entered the residence of a fleeing misdemeanant, and the ; court finds the warrantless search and seizure to be lawful in that an exigency did exist due to categorical reasons that: a) the officer was in fresh pursuit, b) the court interjected that the fleeing misdemeanant was “in fact” committing a felony fleeing and eluding, or c) the suspect’s vehicle registration did not match his residence address; contrary to this Court's rulings outlined in Lange v, California? ; . In other words: Can State courts hold that a warrantless home entry where an officer ; entered the residence of a fleeing misdemeanant is permissible because of the exigent . circumstances created solely by the assumption that certain specific ‘conditions’ trigger a rule ; allowing the warrantless entry such as: 1) The officer was in fresh pursuit of the fleeing misdemeanant, 2) The fleeing misdemeanant could have been charged with a felony, so he was “in fact” committing one, or 3) The address on the vehicle’s registration the misdemeanant was driving did not match his residence address; Therefore, a warrantless entry is lawful even : though a law enforcement emergency does not exist [e.g. imminent harms of violence, destruction of evidence, escape from the home, etc.] which is not in agreement with this Court’s holdings in their interpretation of 4k Amendment rights in Lange? *All parties appear in the caption of the case on the cover page. «There are no related cases to list. i

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-08
Waiver of right of respondent Florida to respond filed.
2022-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 17, 2022)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Robert Noel Smith
Robert Noel Smith — Petitioner
Robert Noel Smith — Petitioner