No. 19-5347

Joshua Frederick Davis v. United States

Lower Court: Fourth Circuit
Docketed: 2019-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights dog-sniff due-process probable-cause reasonable-suspicion search-and-seizure terry-stop traffic-stop
Latest Conference: 2019-10-01
Question Presented (from Petition)

Will this Honrable Curt revisit Elrida VHars to clariy what the Court meant bY "THE DOG'S ALERT"? Is THE DOG'S ALERT, the behavior that the day is IRAINED to display when it smells narcotics, or any UNTRAINED behavior the handler chooses to subjectively identify as an alert? And to resolve a split concerning this issue among the Circuits and their lower courts.

②Does an uncorroborated anonymous tip and contradicted nervous behavior give rise to reasonable suspicion to extend a traffic stop and wait for back up to arriVe to COndUCt an "INTERDICTION STOP"?

At what point does a Terry Frisk go beyond its scope and become a a search for weapons order the citizen being searched to remove NONCONTRABAND items from the citizen's pockets? And Does an officer demanding a citizen to open their mouth for the purpose of the officer to look for drugs exceed the scopes of Terry and Dickerson?

Can manufactured Reasonable suspicion be used to extend a traffic stop to conduct a dog sniff in the face of contradicting evidence? Is an BEHAVIOR amount to probable Cause Did the K-9's UNTRAINED or mere reasonable suspicion? Can the dog's hander pick and choose which behaviors amount to probable cause?

Can an officer perform a second search of a citizen's person after exceeding the scope of the first search? At what point does a citizen that is detained become arrested and does that arrest have to be supported by evidence of a crime or can the officer use the fruits of the search incident to that arrest as the basis for the arrest? Can the reasn o sch aest e ng the citin wat r chagd with?

Question Presented (AI Summary)

Whether the Court should revisit Florida v. Harris to clarify what the dog's 'alert' means and whether the dog is trained to display an alert for any untrained behavior the handler chooses to subjectively identify as an alert, and to resolve a split among the Circuits and lower courts

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-02
Waiver of right of respondent United States to respond filed.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)
2019-05-10
Application (18A1154) granted by The Chief Justice extending the time to file until June 30, 2019.
2019-04-29
Application (18A1154) to extend the time to file a petition for a writ of certiorari from June 16, 2019 to June 30, 2019, submitted to The Chief Justice.

Attorneys

Joshua Frederick Davis
Joshua Frederick Davis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent