Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Mosby v. Senkowski

United States Court of Appeals for the Second Circuit
470 F.3d 515 (2006)


Witnesses saw a man known as “Florida” shoot and kill two men. Days later, police arrested Marcus Mosby (defendant) for selling drugs. Officers arrived at a house without a warrant. After attempting to coax Mosby out, the officers entered and arrested Mosby. While Mosby was in a police car, a neighbor asked what the officers wanted with “Florida,” referring to Mosby. Officers presented a photo array to the murder witnesses, who identified Mosby as the killer. After being read his rights and declining an attorney, Mosby confessed. Mosby was indicted for homicide. Before trial, Mosby moved to suppress the confession and photo identification on the ground that his warrantless arrest violated the Fourth Amendment. The trial court held that Mosby lacked standing to assert a Fourth Amendment claim since he had no “expectation of privacy,” because he did not live in the home. The motion was denied, and Mosby was convicted. On appeal, Mosby’s attorney did not challenge the suppression ruling. Mosby applied for a writ of coram nobis to vacate the conviction due to ineffective assistance of counsel. The appellate division denied the application, and Mosby petitioned for a writ of habeas corpus in federal court. The district court denied the writ, and Mosby appealed to the United States Court of Appeals for the Second Circuit.

Rule of Law


Holding and Reasoning (Parker, Jr., J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial