No. 21-7324

Caleb Guerrier v. United States

Lower Court: Third Circuit
Docketed: 2022-03-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: exigent-circumstances fourth-amendment home-arrest law-enforcement-procedure protective-sweep reasonable-suspicion search-and-seizure warrant-exception warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2022-04-01
Question Presented (AI Summary)

Whether the search of the second floor of the petitioner's home was within the 'protective sweep' exception to the warrant requirement when the police did not have information of another dangerous person present

Question Presented (OCR Extract)

QUESTION PRESENTED When arresting someone in a home, police may search immediately adjoining spaces from which they could be directly attacked. To search other areas, however, police must have reasonable suspicion that: (a) another person is present; and (b) that person is dangerous. Police arrested Petitioner inside the first-floor doorway to his home. Without information of another dangerous person, was the search of the second floor within the “protective sweep” exception to the warrant requirement? i

Docket Entries

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-11
Waiver of right of respondent United States of America to respond filed.
2022-03-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2022)

Attorneys

Caleb Guerrier
Frederick William UlrichFederal Public Defenders Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent