Supreme Court of the United States · Official docket →
David Davalos v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50925 · judgment January 29, 2026
Questions presented
The Fourth Amendment “draw[s] a firm line at the entrance” to the home, which includes its curtilage. Payton v. New York, 445 U.S. 573, 590 (1980); see also Florida v. Jardines, 569 U.S. 1, 6 (2013). Absent “exigent circumstances,” a police officer cannot “enter a home or its curtilage in order to search a vehicle therein” without a warrant. Collins v. Virginia, 584 U.S. 586, 601 (2018). And “application of the exigent-circumstances exception in the context of a home entry should rarely be sanctioned when there is probable cause to believe that only a minor offense … has been committed.” Welsh v. Wisconsin, 466 U.S. 740, 753 (1984). Rather, the case-bycase inquiry requires that the “totality of circumstances shows an emergency.” Lange v. California, 594 U.S. 295, 308 (2021). The questions presented are:
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Whether a portion of a driveway immediately adjacent to a home is curtilage under the Fourth Amendment.
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Whether a parked car’s tinted windows categorically qualify as an exigent circumstance to justify an officer’s warrantless entry onto the home’s curtilage and search of the vehicle.
Counsel of record
For petitioner
Kristin L. Davidson
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 25 2026DISTRIBUTED for Conference of 9/28/2026.
- Jun 16 2026Waiver of right of respondent United States to respond filed.
- May 29 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 6, 2026)
- Apr 07 2026Application (25A1085) granted by Justice Alito extending the time to file until May 29, 2026.
- Apr 01 2026Application (25A1085) to extend the time to file a petition for a writ of certiorari from April 29, 2026 to May 29, 2026, submitted to Justice Alito.