No. 23-446

Junjie Li v. Rhode Island

Lower Court: Rhode Island
Docketed: 2023-10-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment civil-rights decriminalization drug-enforcement fourth-amendment marijuana-odor probable-cause reasonable-suspicion search-and-seizure traffic-stop
Latest Conference: 2024-03-15 (distributed 2 times)
Question Presented (from Petition)

Whether the slight odor of marijuana coming from within a car stopped for a passenger's seatbelt violation, in a state where possession of one ounce or less of marijuana has been decriminalized, combined with the natural and meaningless nervousness of the driver and his travel on I-95, is sufficient to create a reasonable suspicion to prolong the traffic stop in order to have a drug-smelling dog search the vehicle for a criminal amount of marijuana?

Question Presented (AI Summary)

Whether the slight odor of marijuana creates reasonable suspicion to prolong a traffic stop

Docket Entries

2024-03-18
Petition DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-01
2023-12-13
Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2024. See Rule 30.1.
2023-12-12
Motion to extend the time to file a response from January 4, 2024 to February 3, 2024, submitted to The Clerk.
2023-12-05
Response Requested. (Due January 4, 2024)
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-24
Waiver of right of respondent Rhode Island to respond filed.
2023-10-24
Petition for a writ of certiorari filed. (Response due November 27, 2023)

Attorneys

Junjie Li
John L. Calcagni IIILaw Office of John L. Calcagni III, Inc., Petitioner
Rhode Island
Christopher Robinson BushRhode Island Office of the Attorney General, Respondent