No. 19-7490

Omar Ernesto Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion
Latest Conference: 2020-02-28
Question Presented (from Petition)

Whether, in determining that there was reasonable suspicion for an investigatory stop, the district court and Ninth Circuit erred by relying on factually unsupported, conclusory statements in a law enforcement database stating that Petitioner and his car were suspected of being involved in human smuggling?

Question Presented (AI Summary)

Whether the district court and Ninth Circuit erred in relying on factually unsupported statements in determining reasonable suspicion for an investigatory stop

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-10
Waiver of right of respondent United States to respond filed.
2020-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)

Attorneys

Omar Ernesto Hernandez
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent