No. 22-1031

Constance Westfall v. Jose Luna, et al.

Lower Court: Fifth Circuit
Docketed: 2023-04-25
Status: Denied
Type: Paid
Tags: 4th-amendment coercive-interrogation consent curtilage fourth-amendment knock-and-talk search seizure warrant warrantless-search
Key Terms:
FourthAmendment Privacy
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Whether the 'knock-and-talk' exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers to enter a person's property at 2:15 a.m., without a warrant, search and sniff around the curtilage of the home, bang loudly and repeatedly on the person's front door—and have dispatch call the person's home phone and order the person's 14-year-old son to 'go answer the door—until someone finally answers the door at 2:24 a.m.

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the “knock-and-talk” exception to the Fourth Amendment’s protection against unlawful entry onto a person’s property permits police officers to enter a person’s property at 2:15 a.m., without a warrant, search and sniff around the curtilage of the home, bang loudly and repeatedly on the person’s front door—and have dispatch call the person’s home phone and order the person’s 14-year-old son to “go answer the door”—until someone finally answers the door at 2:24 a.m. 2. Whether a person’s “consent” to search their home, given after an unlawful knock-and-talk and in response to a coercive interrogation—with no intervening circumstances—can constitute “an independent act of free will.”

Docket Entries

2023-06-26
Petition DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-04-21

Attorneys

Constance Westfall
Jason Paul SteedKilpatrick Townsend & Stockton, LLP, Petitioner