No. 18-7294

Sergio Antonio Zambrano v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-02-15
Question Presented (from Petition)

Where a police officer initiates a stop of an individual pursuant to Terry v. Ohio and pats down the outer clothing of the individual and feels an object that appears to be a cell phone or a wallet, may the officer reach into the pockets of the individual and pull out the object to make sure it is in fact a cell phone or a wallet and not a weapon?

Question Presented (AI Summary)

Whether a police officer may reach into an individual's pockets and remove objects during a Terry stop if the officer cannot determine through a pat-down search that the object is a weapon

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-16
Waiver of right of respondent United Stats of America to respond filed.
2019-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2019)

Attorneys

Sergio Zambrano
Bernardo LopezFederal Public Defender, Petitioner
United Stats of America
Noel J. FranciscoSolicitor General, Respondent