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Eric S. Clark v. City of Williamsburg, Kansas

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 19-3237 · judgment January 14, 2021


Certiorari denied · May 17, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

QUESTION 1: Should the court adopt the original meaning of the Fourth Amendment by holding that a search of a home(castle) is unreasonable when (i.e., in those in­ stances for which) the implied license operates as the functional equivalent of a general warrant (i.e., acts similar to a writ of assistance)! QUESTION 2: Regardless of whether it would be a reasonable or an unreasonable search of a home, plainly, is it a “search” for Fourth Amendment analysis purposes when the government initiates a physical intrusion into the cur­ tilage of a home with a purpose of seeking information? QUESTION 3: With the lone historical exception of performing “ser­ vice” of a warrant or civil process and apart from a search being unreasonable based on expectation of pri­ vacy and apart from whether or not the government’s action exceeds what the implied license permits . . . Is it an “unreasonable” search when the government initiates a “physical intrusion of the curtilage of home” without a permissible warrant (i.e., a warrant that con­ tains a particularized description) and the objectively determinable purpose is to seek information about a violation of law!

Counsel of record

For petitioner
Eric S. Clark

For respondent
J. Steven Pigg
Fisher, Patterson, Sayler & Smith, L.L.P.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 17 2021
    Petition DENIED.
  2. Apr 21 2021
    DISTRIBUTED for Conference of 5/13/2021.
  3. Apr 15 2021
    Waiver of right of respondent City of Williamsburg, Kansas to respond filed.
  4. Mar 24 2021
    Blanket Consent filed by Petitioner, Eric S. Clark
  5. Mar 16 2021
    Petition for a writ of certiorari filed. (Response due April 19, 2021)