No. 18-8177

Julia Augusta Constan Macri v. Illinois

Lower Court: Illinois
Docketed: 2019-02-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment circuit-split constitutional-rights criminal-procedure deviation fourth-amendment fourth-amendment-search-and-seizure illinois-v-caballes law-enforcement original-purpose reasonable-suspicion rodriguez-v-united-states traffic-stop
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-03-29
Question Presented (from Petition)

Under this Court's Fourth Amendment decisions, an officer is prohibited from prolonging a traffic stop beyond its original purpose without "reasonable suspicion" of criminal activity. See, e.g., Illinois v. Caballes, 543 U.S. 405, 407 (2005); Rodriguez v. U.S., 135 S.Ct. 1609, 1615 (2015). But the Court has not clearly defined what constitutes such "reasonable suspicion" or when such suspicion must be formed. As a result, state courts of last resort as well as federal circuit courts have created different standards and are now split over when an officer must form a reasonable suspicion. The question presented is:

Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer's deviation from the stop's original mission?

Question Presented (AI Summary)

Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer's deviation from the stop's original mission?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent Illinois to respond filed.
2019-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)
2019-01-18
Application (18A620) granted by Justice Kavanaugh extending the time to file until February 25, 2019.
2019-01-15
Application (18A620) to extend further the time from January 25, 2019 to February 23, 2019, submitted to Justice Kavanaugh.
2018-12-13
Application (18A620) granted by Justice Kavanaugh extending the time to file until January 25, 2019.
2018-12-11
Application (18A620) to extend the time to file a petition for a writ of certiorari from December 25, 2018 to January 25, 2019, submitted to Justice Kavanaugh.

Attorneys

Illinois
Michael Marc Glick — Respondent
Julia Augusta Constan Macri
Gene Clayton SchaerrSchaerr | Jaffe, Petitioner