CA5 declines to extend Bivens to 4A claims outside the home

Court declines to extend Bivens to a search in parking lot because it thinks SCOTUS would agree. Bivens was a search of the home. Byrd v. Lamb, 2021 U.S. App. LEXIS 6844 (5th Cir. Mar. 9, 2021).

“Henriquez-Perez has not made a prima facie showing, even if Border Patrol agents failed to question her about alienage or illegal entry, that her arrest near the border was an egregious violation of her Fourth Amendment rights.” Henriquez-Perez v. Wilkinson, 2021 U.S. App. LEXIS 6788 (9th Cir. Mar. 9, 2021).*

Defendant’s ineffective assistance of counsel claim fails on the merits of his curtilage argument because where the search occurred was not curtilage. Trevino v. United States, 2021 U.S. Dist. LEXIS 43975 (S.D. Fla. Mar. 8, 2021).*

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