No. 23-6580

Charles Ramon, III, aka Charles Roger Ramon v. United States

Lower Court: Tenth Circuit
Docketed: 2024-01-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-03-01
Question Presented (AI Summary)

Whether the Fourth Amendment required U.S. Probation to conform its conduct to the text of the release condition imposed on Petitioner

Question Presented (OCR Extract)

QUESTIONS PRESENTED This Court’s prior precedent in Griffin v. Wisconsin, 483 U.S. 868 (1987) and its progeny hold that a person’s status as a supervised releasee, such as a probationer or parolee, justifies imposing conditions upon them that reduce their expectation of privacy, and thus their Fourth Amendment protections; but that the extent to which such privacy expectations is reduced depends on the conditions themselves. In this case, a supervising court imposed a release condition on Petitioner that permitted United States Probation to conduct a warrantless search of his residence “only when reasonable suspicion exists that the defendant has violated a condition of his supervision and that the areas to be searched contain evidence of this violation.” The questions to be presented to this Court are: 1. Whether under these circumstances the Fourth Amendment required U.S. Probation to conform its conduct to the text of the condition imposed on Petitioner. 2. Whether under these circumstances the Fourth Amendment required proof of likelihood that evidence of a violation existed at the residence to sustain findings of reasonable suspicion permitting U.S. Probation to search Petitioner’s residence. -i

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-08
Waiver of right of respondent United States to respond filed.
2024-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2024)

Attorneys

Charles Ramon III
Kari SchmidtConlee Schmidt & Emerson LLP, Petitioner
Kari SchmidtConlee Schmidt & Emerson LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent