Ibarguen v. New York

Brief of National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Brief filed: 04/15/2022


Ibarguen v. New York

United States Supreme Court; Case No. 21-1251


Both federal appellate courts and state courts of last resort have inconsistently decided whether the Fourth Amendment protects social guests from unreasonable searches when they visit a home but do not spend the night. In the decision below, the New York Court of Appeals widened this split by ruling that a social guest who [*5] visited for dinner, but did not stay the night, did not have standing to challenge the search of his host's home. See People v. Ibarguen, 37 N.Y.3d 1107, 1107-08 (2021). The inconsistent application of the Fourth Amendment [*6] to social guests also degrades the efficacy of the exclusionary rule in providing clear standards for police conduct and concomitant deterrence of police misconduct by making it difficult to institutionalize uniform practices and compliance through widely-used training materials.


David A. Barrett, Joanna Wright, Waleska Suero Garcia, Lindsey Ruff, Boies Schiller Flexner LLP, New York, NY.

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