Paul Michael Malagerio v. United States
FourthAmendment CriminalProcedure Immigration Privacy JusticiabilityDoctri
Whether multiple armed law enforcement officers surrounding a home at daybreak, repeatedly banging on the home's only door, refusing to leave, and ordering the occupant to exit, by name and at gunpoint, constitutes a constructive entry within the home
QUESTIONS PRESENTED 1. Whether multiple armed law enforcement officers surrounding a home at daybreak, repeatedly banging on the home’s only door, refusing to leave, and ordering the occupant to exit, by name and at gunpoint, constitutes a constructive entry within the home. 2. Whether a person who opens his door in response to multiple armed law enforcement officers surrounding his home at daybreak, repeatedly banging on the home’s only door, refusing to leave, and ordering that person to exit, by name and at gunpoint, voluntarily appears in public pursuant to Santana v. United States. 3. Whether Scott v. Harris applies equally to evidence benefitting alleged criminal defendants and law enforcement. i