No. 25-6032

Thomas E. Nidiffer, et al. v. Officer David Lovato, et al.

Lower Court: Tenth Circuit
Docketed: 2025-11-05
Status: Denied
Type: IFP
IFP
Tags: curtilage fourth-amendment knock-and-talk law-enforcement qualified-immunity warrant
Latest Conference: 2026-01-09
Question Presented (from Petition)

1. Whether a locked gate surrounding the curtilage of a home clearly revokes the implied
social license for law enforcement officers to enter the property without a warrant or
probable cause for a "knock and talk," such that officers who physically overcome such a
barrier are not entitled to qualified immunity for a Fourth Amendment violation.

2. What exactly must a homeowner do to revoke the implied social license exception to the
Fourth Amendment?

Question Presented (AI Summary)

Whether a locked gate surrounding the curtilage of a home clearly revokes the implied social license for law enforcement officers to enter the property without a warrant or probable cause for a 'knock and talk,' such that officers who physically overcome such a barrier are not entitled to qualified immunity for a Fourth Amendment violation

Docket Entries

2026-01-12
Petition DENIED.
2025-12-17
DISTRIBUTED for Conference of 1/9/2026.
2025-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2025)

Attorneys

Thomas E. Nidiffer, et al.
Thomas E. Nidiffer — Petitioner