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the Case
2026-2027 Case problem
This year's hypothetical case follows Petitioner Bobby Bronner, a 46-year old lawful permanent resident of The United States, protesting his conviction. After receiving an anonymous tip, the FBI set up surveillance of Bronner's home using Ring Video cameras mounted on poles across the street. The surveillance lasted a total of 93 consecutive days, and captured two men with suspected ties to terrorist organizations entering his home. This led to the issuing of a search warrant for Bronner's home and car, which revealed evidence that incriminated him of drug dealing, and eventually terrorism. Attorney General Chester Comerford classified Bronner as a “removable non-citizen with a criminal record” because he had been accused of a federal crime involving national security. He was transferred to Guantanamo Bay, and has remained there for over 12 months. The two issues before the court are:
1. Whether warrantless video surveillance of a home’s exterior over 93 days, using a “pole
camera” installed on public property, violates the Fourth Amendment’s prohibition against
unreasonable searches and seizures.
2. Whether the president exceeded his authority under Article II when he ordered the
prolonged offshore detention of a lawful permanent resident whose presence the attorney
general deemed detrimental to national security.
Read the case problem below to learn more about this exciting and complicated case. As you write your argument, remember you only need to address one issue.
Case problem
Issue one case law
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Katz v. United States, 389 U.S. 347 (1967)
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United States v. United States District Court, 407 U.S. 297 (1972)
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California v. Ciraolo, 476 U.S. 207 (1986)
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Kyllo v. United States, 533 U.S. 27 (2001)
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Carpenter v. United States, 585 U.S. 296 (2018)
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People v. Tafoya, 494 P.3d 613 (Colo. 2021)
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United States v. Tuggle, 4 F.4th 505 (7th Cir. 2021)
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United States v. Moore-Bush, 36 F.4th 320 (1st Cir. 2022)
Issue two case law
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The Prize Cases, 67 U.S. 635 (1863)
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Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866)
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Costanzo v. Tillinghast, 287 U.S. 341 (1932)
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United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936)
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Ex parte Quirin, 317 U.S. 1 (1942)
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Youngstown Sheet & Tube, Co. v. Sawyer, 343 U.S. 579 (1952)
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Mathews v. Eldridge, 424 U.S. 319 (1976)
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U.S. Reports: Hamdi et al v. Rumsfeld, Secretary of Defense, et al., 542 U.S. 507 (2004). |
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Banyee v. Garland, 115 F.4th 928 (8th Cir. 2024)