No. 20-5074

Robert Banks, III v. United States

Lower Court: Ninth Circuit
Docketed: 2020-07-15
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP
Tags: civil-rights constitutional-rights fourth-amendment law-enforcement-discretion pretextual-stop racial-profiling search-and-seizure unreasonable-detention unreasonable-seizure whren-v-united-states
Latest Conference: 2021-01-08 (distributed 2 times)
Related Cases: 20-5064 (Vide)
Question Presented (from Petition)

1. Should Whren v. United States, 517 U.S. 806 (1996), be overruled for permitting
unconstitutional detentions of Black Americans and people-of-color for no reason, pretextual reasons or fabricated reasons and thereby facilitating racial profiling and
discrimination in violation of the Fourth Amendment's promise to protect all against
unreasonable searches and seizures?

2. Did the Ninth Circuit's opinion, which upheld the frisk, arrest and prolonged detention
of Petitioner Banks absent reasonable suspicion or probable cause, violate this Court's
precedent in Rodriguez v. United States, 575 U.S. 348 (2015), and Knowles v. Iowa, 525
US. 113 (1998)?

3. Should this Court revisit Salinas v. United States, 522 U.S. 52 (1997), which reduced
the quantum of evidence necessary to prove a conspiracy to commit crimes through a
pattern of racketeering, rendering Title 18 U.S.C. §1962(d) overbroad, vague and
therefore susceptible to arbitrary enforcement as evidenced by the discriminatory
application of RICO to people of color?

Question Presented (AI Summary)

Should Whren v. United States be overruled to protect against racial profiling and discrimination?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioner Robert Banks filed.
2020-11-30
Brief of respondent United States in opposition filed.
2020-10-23
Motion to extend the time to file a response is granted and the time is further extended to and including November 30, 2020.
2020-10-22
Motion to extend the time to file a response from October 21, 2020 to November 30, 2020, submitted to The Clerk.
2020-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2020.
2020-09-15
Motion to extend the time to file a response from September 21, 2020 to October 21, 2020, submitted to The Clerk.
2020-08-21
Response Requested. (Due September 21, 2020)
2020-08-14
Brief amicus curiae of The Center on Race, Inequality, and the Law at New York University School of Law filed.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Waiver of right of respondent United States to respond filed.
2020-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2020)

Attorneys

The Center on Race, Inequality, and the Law at New York University School of Law
Antony L. RyanCravath, Swaine & Moore LLP, Amicus
United States
Jeffrey B. WallActing Solicitor General, Respondent