No. 19-8212

Santiago Soto-Garcia v. United States

Lower Court: Eighth Circuit
Docketed: 2020-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights constitutional-rights due-process law-enforcement probable-cause search-and-seizure traffic-stop witness-testimony
Key Terms:
DueProcess FourthAmendment Securities Privacy
Latest Conference: 2020-05-15
Question Presented (from Petition)

I. Did the 8th cir. court of appeals error when they concluded that the ^
in plain view and registeredmere
presents or possession of guns/weapons that
to the legal owner are grounds for suspicious and/or criminal activities , forare seen
probable cause to prolong a traffic stop for failure to signal?

II. Did the 8 th cir. court of appeals error when they gave a inaccurate
recolleetionrdf the^rec6rd"t<5"jdstify the denial of my appeal?

III. Did the 8th cir. court of appeals error when they did not respond to the issue
of the prolonged stop due to the deviation from the stops purpose?

IV. Did the 8th cir. court of appeals error when they decided not to recognize what
ra routine traffic, stop consist of?

V. Did the 8th cir. court of appeals error when it concluded that sworn officers
trial testimony that contradicted Prior testimony and prior reports did not
violate constitutional rights ?

VI. Did the 8th cir. court of appeals error when they did not acknowledge a problem
igure out what " actually " happened the with officers getting together to
day of the stop. As to who saw what take place during surveillance.

VII. Did the 8th cir. court of appeals error when they stated that the free air
sniff was justified just because a driver/citizen denies consent to the search
of their person or vehicle ?

VIII. Did the 8th cir. court of appeals error when they concluded that the jury
was made aware of its province to handle/correct false testimony ?

Question Presented (AI Summary)

Did the 8th Circuit Court of Appeals err in concluding that the mere presence or possession of guns/weapons seen in plain view and registered to the legal owner are grounds for suspicion and/or criminal activity, justifying prolonged traffic stops?

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-14
Waiver of right of respondent United States to respond filed.
2020-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2020)

Attorneys

Santiago Soto-Garcia
Santiago Soto-Garcia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent