No. 23-7131

Joel Michael Guy, Jr. v. Tennessee

Lower Court: Tennessee
Docketed: 2024-04-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights criminal-acts exigent-circumstances fourth-amendment minnesota-v-olson overnight-guest reasonable-expectation-of-privacy
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-05-16
Question Presented (AI Summary)

Does an overnight guest lose his or her reasonable expectation of privacy by engaging in criminal acts within the house?

Question Presented (OCR Extract)

question presented is: Does an overnight guest lose his or her reasonable expectation of privacy under Minnesota v. Olson by engaging in criminal acts within the house? 2. Law enforcement entered a private home after a welfare check call based on the defendant’s mother’s failure to show up for work on Monday morning. The two parents did not answer the door and their cars were in the driveway. There were no other significant indicia of current danger or of past harm. Law enforcement nonetheless entered and discovered the dead bodies. The Tennessee Court of Criminal Appeals held that this entry was justified pursuant to the “emergency aid” form of exigent circumstances. The second question presented is: Does the “emergency aid” exception require specific reason to believe that someone has been harmed or is in danger and that urgent action is necessary, or can it be established by odd and slightly suspicious circumstances? 3. The Tennessee Court of Criminal Appeals held that the “emergency aid” exception to the search warrant requirement is also an exception to the probable cause requirement. The third question presented is: Does the “emergency aid” exception allow entry into a residence in the absence not only of a warrant but also of probable cause? 4, After quickly moving through the house, officers left the house and secured the premises. Later, other officers and forensic technicians entered the house and photographed and seized hundreds of pieces of evidence. No search warrant was ever obtained. The Tennessee Court of Criminal Appeals ruled that, because the items in question had been seen in plain view by the first officers during their initial entry, other officers were allowed to later re-enter and seize those items. The fourth question presented is: In the absence of a search warrant or any valid exception to the warrant requirement, can law enforcement officers enter into a private residence for ii the purpose of seizing items merely because those items were previously seen by other officers legitimately on the premises? ili

Docket Entries

2024-05-20
Petition DENIED.
2024-05-01
DISTRIBUTED for Conference of 5/16/2024.
2024-04-18
Waiver of right of respondent State of Tennessee to respond filed.
2024-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2024)
2024-02-06
Application (23A727) granted by Justice Kavanaugh extending the time to file until April 1, 2024.
2024-01-31
Application (23A727) to extend the time to file a petition for a writ of certiorari from February 14, 2024 to April 1, 2024, submitted to Justice Kavanaugh.

Attorneys

Joel Michael Guy, Jr.
Jonathan Patrick HarwellKnow County Public Defender's Community Law Office, Petitioner
Jonathan Patrick HarwellKnow County Public Defender's Community Law Office, Petitioner
State of Tennessee
Garrett D. WardTennessee Attorney General's Office, Respondent
Garrett D. WardTennessee Attorney General's Office, Respondent