No. 22-6523

Alfonzo Johnlouis v. United States

Lower Court: Fifth Circuit
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fourth-amendment government-action government-actor mail-carrier postal-service search-and-seizure standing unreasonable-search unreasonable-searches warrantless-search
Key Terms:
Arbitration FourthAmendment CriminalProcedure Privacy
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Is the warrantless search of a First Class sealed mail Priority package by a United States Postal Service mail carrier during the course and scope of her employment 'government action' by a 'government actor' which violates the Fourth Amendment's prohibition against unreasonable searches and seizures, thus requiring the evidence seized to be suppressed?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW This case presents a question of first impression to this Court which has not decided a warrantless search of First Class sealed mail by an “officer” (mail carrier) of the Postal Service since Ex parte Jackson, 96 U.S. 727, 24 L. Ed. 877 (1878) and United States v. Van Leeuwen, 397 U.S. 249 (1970). Is the warrantless search of a First Class sealed mail Priority package by a United States Postal Service mail carrier during the course and scope of her employment “government action” by a “government actor” which violates the Fourth Amendment’s prohibition against unreasonable searches and seizures, thus requiring the evidence seized to be suppressed? Did the Fifth Circuit correctly hold that a mail carrier was not a government actor for the purposes of the Fourth Amendment because her warrantless search of the Priority package was made for personal reasons or out of a personal motivation, “because of her concern for children and her experience with a relative”. . . and [she was] not inspecting the package to enforce the law, or a government actor who undertook lawenforcement activities? Appx. B, p. 9. i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-18
Waiver of right of respondent United States to respond filed.
2023-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Alfonzo Johnlouis
Frank Alton GrangerFrank Granger, APLC, Petitioner
Frank Alton GrangerFrank Granger, APLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent