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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


Certiorari denied · November 5, 2018
Pre-decision estimate: 2% cert probability

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

  1. Nov 05 2018
    Petition DENIED.
  2. Oct 17 2018
    DISTRIBUTED for Conference of 11/2/2018.
  3. Oct 10 2018
    Waiver of right of respondent United States to respond filed.
  4. Sep 17 2018
    Petition for a writ of certiorari filed. (Response due November 2, 2018)