No. 18-8293

Rodolfo Rivero Garcia, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment border-patrol border-search drug-interdiction drug-trafficking fourth-amendment reasonable-suspicion terry-stop traffic-stop vehicle-search vehicle-stop
Latest Conference: 2019-04-12
Question Presented (from Petition)

Whether the stop of Mr. Garcia's vehicle was supported by reasonable suspicion of illegal activity where the only factors present were: (1) the stop occurred between 50 and 100 miles from the border, (2) there was recent illegal activity in the area, (3) the officers' experience with drug cases, (4) "alerts" which purportedly attached the vehicle to smuggling, and (5) the fact Mr. Garcia "tapped his brakes and reduced his speed" when he saw that an official law enforcement vehicle had pulled up beside him as he traveled down the highway, in violation of the Fourth Amendment of the United States Constitution.

Question Presented (AI Summary)

Whether the stop of Mr. Garcia's vehicle was supported by reasonable suspicion under the Fourth Amendment

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent United States of America to respond filed.
2019-02-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2019)

Attorneys

Rodolfo Garcia
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent