No. 20-411

Traize T. Wash v. Ohio

Lower Court: Ohio
Docketed: 2020-09-29
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment automobile-exception civil-rights fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion search-and-seizure whren-v-united-states
Latest Conference: 2020-10-30
Question Presented (from Petition)

1. Whether a police officer's subject ive intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and unreasonable search and seizure, notwithstanding the holding in Whren v. United States, 517 U.S. 806 (1996) (Scalia, J.) .

2. Whether the Fourt h Amendme nt is violated when a police officer make s a pretextual , investigatory stop by aggressively pursuing a motorist for a prolonged period of time until a traffic violation occurs, thereby creating the probable cause necessary for the Automobile Exception to the warrant requirement.

Question Presented (AI Summary)

Whether a police officer's subjective intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and unreasonable search and seizure

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-07
DISTRIBUTED for Conference of 10/30/2020.
2020-10-02
Waiver of right of respondent Ohio to respond filed.
2020-09-24
Petition for a writ of certiorari filed. (Response due October 29, 2020)

Attorneys

Ohio
Kathryn Marie WestPreble County Prosecutor's Office, Respondent
Traize Wash
Brian Alvin MuenchenbachSebaly Shilito + Dyer, Petitioner