No. 24-6245

Brad A. Smith v. United States

Lower Court: First Circuit
Docketed: 2025-01-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fifth-amendment fourth-amendment immigration-law interrogation-rights knock-and-talk sixth-amendment
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Did authorities violate the Fourth, Fifth, and Sixth Amendments during a 'knock-and-talk' interrogation by entering a secured gate, demanding identification, entering a house without consent, and interrogating the petitioner outside counsel's presence?

Question Presented (OCR Extract)

Did authorities violate The Fourth, Fifth, andSixth Amendments to The United States Constitution when seeking to perform a "knockand-talk" interrogation by first calling the phone number posted at the motorized gated entrance, but after being refused, climbing through that secured gated entrance, and after searching the curtilage, encountering Petitioner, telling him that he could not refuse their presence under color of federal immigration law, thereby demanding his identification, leading authorities directly into Petitioner ’s house was interrogated and items were seized, although Petitioner refused to sighn a consent, and specifically invoked his right to counsel, then after leaving, summoning Petitioner to their office, and further interrogating him outside the presence of his attorney, previously requested.where Petitioner -i

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2025-01-13
Waiver of United States of right to respond submitted.
2025-01-13
Waiver of right of respondent United States to respond filed.
2024-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2025)

Attorneys

Brad A. Smith
Brad A. Smith — Petitioner
Brad A. Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent