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