Supreme Court of the United States · Official docket →
Tyler Brienza v. City of Peachtree, Georgia, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-12290 · judgment August 30, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Fourth Amendment prohibits law enforcement from entering a private home, or its curtilage, without a warrant or exigent circumstances, with one limited exception: a “knock-and-talk.” This limited exception permits law enforcement officers to take a normal pathway to the front door and knock just as any other member of the public—whether a neighbor, mail carrier, or girl scout selling cookies. It is a voluntary encounter. As such, the occupants are free to refuse to answer the door, answer the door and refuse to answer any questions, or engage in conversation with law enforcement officers. The question presented is: When occupants answer a “knock-and-talk” by law enforcement officers and step onto the porch, or curtilage of the home, to address the officers, may the officers transform the voluntary encounter into an investigative detention absent exigent circumstances?
Counsel of record
For petitioner
Richard Errol Johnson
Law Office of Richard E. Johnson
For respondent
Harvey S. Gray
Gray, Rust, St. Amand, Moffett & Brieske, LLP
Proceedings
- Oct 02 2023Petition DENIED.
- Jun 23 2023Reply of petitioner Tyler Brienza filed. (Distributed)
- Jun 21 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 07 2023Brief of respondents City of Peachtree, Georgia, et al. in opposition filed.
- Mar 21 2023Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2023.
- Mar 20 2023Motion to extend the time to file a response from April 10, 2023 to June 9, 2023, submitted to The Clerk.
- Mar 09 2023Response Requested. (Due April 10, 2023)
- Mar 01 2023DISTRIBUTED for Conference of 3/17/2023.
- Feb 27 2023Waiver of right of respondent City of Peachtree, Georgia, et al. to respond filed.
- Feb 01 2023Petition for a writ of certiorari filed. (Response due March 8, 2023)
- Dec 14 2022Application (22A523) granted by Justice Thomas extending the time to file until February 1, 2023.
- Dec 12 2022Application (22A523) to extend the time to file a petition for a writ of certiorari from January 2, 2023 to March 3, 2023, submitted to Justice Thomas.