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
Latest Conference: 2023-02-17
Question Presented (from Petition)

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 law-enforcement activities?

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?

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
United States
Elizabeth B. PrelogarSolicitor General, Respondent