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November 20, 2020
SCOTUS grants cert on two new Fourth Amendment cases
The US Supreme Court released this brief order list this afternoon granting certiorari in these two new cases with these questions presented:
19-1414 UNITED STATES V. COOLEY, JOSHUA J.
Cert petition question presented: "Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law."
20-157 CANIGLIA, EDWARD A. V. STROM, ROBERT F., ET AL.
Cert petition question presented: "Whether the 'community caretaking' exception to the Fourth Amendment’s warrant requirement extends to the home."
November 20, 2020 at 02:02 PM | Permalink
Comments
I couldn't tell from the petition and the response, but it looked like there might be a hidden qualified immunity issue in Caniglia about whether the law was clearly established.
Posted by: tmm | Nov 20, 2020 6:18:38 PM
