No. 23-7748

Jacob W. Barron v. United States

Lower Court: Fifth Circuit
Docketed: 2024-06-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compliance-check criminal-procedure fourth-amendment fourth-amendment-expectation-of-privacy law-enforcement privacy-expectation probable-cause probation probation-search warrantless-search
Key Terms:
FourthAmendment
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Did the warrantless search of Mr. Barron's home that was not related to monitoring his compliance with his probation offend his Fourth Amendment expectation of privacy?

Question Presented (OCR Extract)

QUESTION PRESENTED Mr. Jacob W. Barron’s probation officers conducted a compliance check of Mr. Barron’s home after they were contacted by Rapides Parish Sheriffs Office (RPSO”) Deputies concerning an ongoing investigation into alleged methamphetamine trafficking by Mr. Barron. After Mr. Barron’s probation officers completed the purpose of the compliance check and found alleged violations of Mr. Barron’s probation terms, including the purported presence of illegal pills and drug paraphernalia, Mr. Barron’s probation officers invited RPSO Deputies to conduct a warrantless search of Mr. Barron’s home related to the ongoing methamphetamine investigation. Because Mr. Barron’s probation officers allowed RPSO Deputies to conduct a warrantless search of Mr. Barron’s home on less than probable cause after the purpose of the compliance check had been achieved, did the warrantless search of Mr. Barron’s home that was not related to monitoring his compliance with his probation offended Mr. Barron’s Fourth Amendment expectation of privacy? For the reason set forth herein, the United States District Court and the United State Fifth Circuit Court of Appeals erred in denying Mr. Barron’s motion to suppress. Unless this Court addresses this constitutional violation, probationers will be subject to warrantless searches unrelated to ensuring compliance with the terms of their probation. This Court should grant a writ of certiorari, correct this error, and provide guidance for a situation likely to recur and to continue to weaken the Fourth Amendment absent action by this Court.

Docket Entries

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-25
Waiver of United States of right to respond submitted.
2024-06-25
Waiver of right of respondent United States to respond filed.
2024-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2024)

Attorneys

Jacob Barron
Douglas Lee HarvilleThe Harville Law Firm, LLC, Petitioner
Douglas Lee HarvilleThe Harville Law Firm, LLC, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent