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Rashaud Jones v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 16-87 · judgment June 19, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The question presented in this petition is as follows: Whether, In The Context Of An Automobile Search, Dwellers In Multi-Family Homes Have A Legitimate Expectation Of Privacy In The Areas Surrounding Their Home That Would Be Regarded As Curtilage Under Virginia v. Collins, 584 U.S. ___, 138 S.Ct. 1663 (2018) If Their Home Were A Single-Family Dwelling? In Collins v. Virginia, 584 U.S. ___, 138 S.Ct. 1663 (2018) this Court held that a dweller in a single-family home has a legitimate expectation of privacy in the curtilage of their home that trumps the automobile exception to the warrant requirement. “The automobile exception does not afford the necessary lawful right of access to search a vehicle parked within a home or its curtilage because it does not justify an intrusion on a person’s separate and substantial Fourth Amendment interest in his home and curtilage,” the Court ruled. Collins at 1672. The holding of the case was unambiguous: “[T]he automobile exception does not permit an officer without a warrant to enter a home or its curtilage in order to search a vehicle therein.” Collins at 1675. Left unaddressed by the Court in Collins is whether dwellers in multi-family homes have a similar expectation of privacy in the curtilage of their homes. Mr. Jones seeks certiorari to present this issue in a case almost tailor-made to present consideration of this question.
Counsel of record
For petitioner
Norman A. Pattis
Pattis & Smith, LLC
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 05 2018Petition DENIED.
- Oct 17 2018DISTRIBUTED for Conference of 11/2/2018.
- Oct 10 2018Waiver of right of respondent United States to respond filed.
- Sep 17 2018Petition for a writ of certiorari filed. (Response due November 2, 2018)