No. 22-731

Tyler Brienza v. City of Peachtree, Georgia, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-02-06
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment civil-rights curtilage exigent-circumstances fourth-amendment investigative-detention knock-and-talk law-enforcement seizure voluntary-encounter
Key Terms:
FourthAmendment FirstAmendment CriminalProcedure
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

When occupants answer a 'knock-and-talk' by law enforcement officers and step onto the porch, or curtilage of the home, to address the officers, may the officers transform the voluntary encounter into an investigative detention absent exigent circumstances?

Question Presented (OCR Extract)

QUESTION PRESENTED The Fourth Amendment prohibits law enforcement from entering a private home, or its curtilage, without a warrant or exigent circumstances, with one limited exception: a “knock-and-talk.” This limited exception permits law enforcement officers to take a normal pathway to the front door and knock just as any other member of the public—whether a neighbor, mail carrier, or girl scout selling cookies. It is a voluntary encounter. As such, the occupants are free to refuse to answer the door, answer the door and refuse to answer any questions, or engage in conversation with law enforcement officers. The question presented is: When occupants answer a “knock-and-talk” by law enforcement officers and step onto the porch, or curtilage of the home, to address the officers, may the officers transform the voluntary encounter into an _ investigative detention absent exigent circumstances? ii PARTIES The parties to this proceeding are set forth in the caption.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-23
2023-06-21
DISTRIBUTED for Conference of 9/26/2023.
2023-06-07
Brief of respondents City of Peachtree, Georgia, et al. in opposition filed.
2023-03-21
Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023.
2023-03-20
Motion to extend the time to file a response from April 10, 2023 to June 9, 2023, submitted to The Clerk.
2023-03-09
Response Requested. (Due April 10, 2023)
2023-03-01
DISTRIBUTED for Conference of 3/17/2023.
2023-02-27
Waiver of right of respondent City of Peachtree, Georgia, et al. to respond filed.
2023-02-01
2022-12-14
Application (22A523) granted by Justice Thomas extending the time to file until February 1, 2023.
2022-12-12
Application (22A523) to extend the time to file a petition for a writ of certiorari from January 2, 2023 to March 3, 2023, submitted to Justice Thomas.

Attorneys

City of Peachtree City, Georgia, Adam C. Wadsworth, and Mark A. Williams
Harvey S. GrayGray, Rust, St. Amand, Moffett & Brieske, LLP, Respondent
Harvey S. GrayGray, Rust, St. Amand, Moffett & Brieske, LLP, Respondent
Tyler Brienza
Richard Errol JohnsonLaw Office of Richard E. Johnson, Petitioner
Richard Errol JohnsonLaw Office of Richard E. Johnson, Petitioner