Nunez v. United States

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

Brief filed: 07/12/2023


Nunez v. United States

United States Supreme Court; Case No. 22-7629


The Court should grant certiorari to restore uniformity as to fundamental Fourth Amendment protections and to reaffirm the protections themselves. The decision below, and decisions that accord with it, reflect the expansion of originally narrow exceptions in Buie and Nix, and as such, represent an erosion of the public’s right to be free from unreasonable searches. State and federal trial courts are applying the protective sweep and inevitable discovery doctrines cases hundreds, if not thousands, of times each year. Yet this Court has not addressed in any substantive fashion the protective sweep exception or the inevitable discovery doctrine for decades.


Donald Falk, Schaerr Jaffe LLP, San Francisco, CA; Jeffrey L. Fisher, Stanford Law School, Stanford, CA; Michael Shipley, Kirkland & Ellis LLP, Los Angeles, CA; Neha Nigam, Kirkland & Ellis LLP, Chicago, IL

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