No. 22-5898

Daren W. Phillips v. United States

Lower Court: Ninth Circuit
Docketed: 2022-10-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment civil-rights fourth-amendment government-search physical-trespass privacy privacy-expectation property-rights search-and-seizure search-warrant trespass
Key Terms:
FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether a wholly privacy-based exception to the Fourth Amendment's search warrant requirement can apply to exempt the government's search when it is accomplished by physical trespass

Question Presented (OCR Extract)

Question Presented An unwarranted governmental intrusion into a constitutionally protected area violates the Fourth Amendment’s proscription of unreasonable searches if it either (1) infringes on an individual’s reasonable expectation of privacy, Katz v. United States, 389 U.S. 347 (1967), or (2) amounts to a physical trespass onto an individual’s property to obtain information, United States v. Jones, 565 U.S. 400 (2012). The question presented is whether a wholly privacy-based exception to the Fourth Amendment’s search warrant requirement, premised on the notion that an initial private search of a person’s effect can fully frustrate his expectation of privacy such that a subsequent government search of the same effect does not infringe any legitimate privacy interest, can apply to exempt the government’s search when it is accomplished by physical trespass. i

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-31
Waiver of right of respondent United States to respond filed.
2022-10-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2022)

Attorneys

Daren W. Phillips
Aarin KevorkianFederal Public Defender, Petitioner
Aarin KevorkianFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent