No. 22-6774

Dewayne Lewis v. United States

Lower Court: Seventh Circuit
Docketed: 2023-02-14
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment constitutional-protection dog-sniff economic-status fourth-amendment multiunit-living-space multiunit-living-spaces privacy-rights property-rights warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Does warrantless use of a drug detection dog constitute an unreasonable search when the officer and dog are standing in the common area of a multiunit living space to detect the presence of drugs inside private living space?

Question Presented (OCR Extract)

QUESTION PRESENTED Since at least 1964, this Court has recognized that hotel guests are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as homeowners. Stoner v. California, 376 U.S. 483, 490 (1964). In 2013, this Court held that a police officer violates the Fourth Amendment when he conducts a dog sniff investigation on the front porch of a single-family home without first obtaining a warrant. Florida v. Jardines, 569 U.S. 1, 11 (2018). When Dewayne Lewis was a motel guest, police officers warrantlessly used a drug sniffing dog to investigate the contents of his room from a publicly-accessible hallway. Despite the outcome suggested by Stoner and Jardines, the Seventh Circuit held that the investigation did not violate his Fourth Amendment rights because Lewis was a motel guest and the hallway where the officer stood was accessible to the public. United States v. Lewis, 38 F.4th 527, 536 (7th Cir. 2022). The question presented is: Does warrantless use of a drug detection dog constitute an unreasonable search when the officer and dog are standing in the common area of a multiunit living space to detect the presence of drugs inside private living space? i

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-04-17
Brief of respondent United States in opposition filed.
2023-02-24
Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2023.
2023-02-22
Motion to extend the time to file a response from March 16, 2023 to April 17, 2023, submitted to The Clerk.
2023-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2023)

Attorneys

Dewayne Lewis
Colleen McNichols RamaisOffice of the Federal Public Defender, Petitioner
Colleen McNichols RamaisOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent