No. 24-310

Sean Michael McGuire v. Texas

Lower Court: Texas
Docketed: 2024-09-19
Status: Denied
Type: Paid
Response Waived
Tags: exigent-circumstances felony-arrest fourth-amendment misdemeanor probable-cause warrantless-arrest
Latest Conference: 2024-11-01
Question Presented (from Petition)

A police officer may arrest without a warrant for a misdemeanor or felony committed in his presence and for a felony not committed in his presence if there was probable cause for the arrest. United States v. Watson, 423 U.S. 411, 423-24 (1976). This case asks whether an officer may arrest for a felony not committed in his presence if the probable cause was only for a misdemeanor.

Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only exists to arrest for a misdemeanor?

Question Presented (AI Summary)

Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only exists to arrest for a misdemeanor?

Docket Entries

2024-11-04
Petition DENIED.
2024-10-09
DISTRIBUTED for Conference of 11/1/2024.
2024-10-08
Waiver of right of respondent Texas to respond filed.
2024-09-17
Petition for a writ of certiorari filed. (Response due October 21, 2024)

Attorneys

Sean Michael McGuire
Josh Barrett SchafferSchaffer Law Offices, Petitioner
Texas
Jason Travis BennyhoffFort Bend County District Attorney's Office, Respondent