Rodriguez v. City of San Jose, California
Petition for certiorari denied on October 13, 2020.
Issue
(1) Whether the Fourth Amendment allows an exception to its warrant requirement for so-called "community caretaking" when the alleged danger to the community has been resolved and the premises to be searched and items then seized do not contain or pose an immediate threat making it impossible to obtain a timely warrant; (2) whether issue preclusion can bar a claim for deprivation of a constitutional right when the prior decision discussing the constitutional issue did not depend on resolving the merits of that issue, found state-law procedures remained that could moot the claimed infringement and thus could not have been further reviewed in the Supreme Court given that the constitutional claim would be seen as unripe and potentially avoided by adequate and independent state grounds; and (3) whether the Supreme Court should exercise its supervisory powers to review the improper circumvention of Second Amendment protections in the U.S. Court of Appeals for the 9th Circuit.
Recommended Citation: Rodriguez v. City of San Jose, California, SCOTUSblog, https://www.scotusblog.com/cases/rodriguez-v-city-of-san-jose-california/