No. 18-9036

Gregory Tarrel Brown v. Virginia, et al.

Lower Court: Virginia
Docketed: 2019-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights curtilage fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-06-06
Question Presented (from Petition)

1. Was the entry by law enforcement on the curtilage of the property based on an unsubstantiated tip, without consent, violative of the Fourth Amendment?

2. Was it reasonable to accost the defendant, where he was not particularly described as one of the persons "allegedly" handling a brick of marijuana by the unidentified caller?

3. Does Terry v. Ohio supersede Horton v. California, 496 U.S. 128 142 (1990) if the officer was on the curtilage where he smelled marijuana emitting from the defendant in violation of Dakota v. Opperman?

4. Since no consent was requested or obtained was this a Fourth Amendment violation, when arresting officer states "defendant would have felt free to leave"?

5. Was officers attempts at an illegal arrest reason for the defendant to consider him an aggressor and give defendant reason to pull away from his grasp, when no mention of illegal activity was mentioned or no mention of any kind of threat was brought up?

6. Was Mendenhall test met when the officer states he approached with 4 officers, parked on an adjacent street and came to explain the call to service and never mentions to defendant or fellow officers he smells marijuana, yet detains defendant when he allegedly begins to walk away?

7. If officers did not observe any illegal activity nor was "anonymous call specific in identifying or describing anyone, where was probable cause established?

8. Was officers claim of smelling .89 grams of unburnt marijuana, from fifteen feet away, outside pretextual or self-serving based on the call to service alleging "7 people handling what looks like a brick of marijuana"?

Question Presented (AI Summary)

Whether the defendant's Fourth Amendment rights were violated

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-06-19
Petition for Rehearing filed.
2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondents Virginia, et al. to respond filed.
2019-04-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2019)

Attorneys

Gregory T. Brown
Gregory Tarrel Brown — Petitioner
Virginia, et al.
Toby Jay HeytensOffice of the Attorney General, Respondent