No. 20-5476
Response WaivedIFP
Tags: 4th-amendment civil-rights constitutional-rights duty-to-investigate fourth-amendment law-enforcement lawful-arrest pretext pretextual-arrest probable-cause warrant-validity
Latest Conference:
2020-10-09
Question Presented (from Petition)
1.) Whether a police officer's reason for acting , in at least
some circumstances , should factor into the Fourth Amendment
inquiry?*
2.) Whether the State of Alabama erred in adopting and applying
what is known as the "could have" test to evidence that was
seized as a part of a pretextual arrest?
3.) Whether an officer has a duty to investigate further when
circumstances suggest that probable cause may, in fact, not even
exist contrary to first impressions?
4.) Whether an arrest can still be considered "lawful" if there
are circumstances that vitiate the probable cause used to obtain
the warrant?
Question Presented (AI Summary)
Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry
Docket Entries
2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-23
Waiver of right of respondent Alabama to respond filed.
2020-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)
Attorneys
Alabama
Beth Slate Poe — AL Attorney General's Office, Respondent
Derek Tyler Horton
Derek Tyler Horton — Petitioner