No. 24-5136

John Michael Murphy v. United States

Lower Court: Fifth Circuit
Docketed: 2024-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment constitutional-violation contraband fourth-amendment pat-down plain-touch-doctrine probable-cause search-and-seizure warrantless-search
Latest Conference: 2024-09-30
Question Presented (from Petition)

Whether, under the plain-touch doctrine established by Minnesota v. Dickerson, 508 U.S. 366, 375, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993), deputies unconstitutionally removed an unknown object from under Mr. John Michael Murphy's pants even though, before the unknown object was removed, neither deputy, who had felt the unknown object through Mr. Murphy's pants, believed it was a weapon or contraband.

Question Presented (AI Summary)

Whether the plain-touch doctrine allows deputies to remove an unknown object from under a person's clothing when they do not believe it is a weapon or contraband

Docket Entries

2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Waiver of United States of right to respond submitted.
2024-08-01
Waiver of right of respondent United States to respond filed.
2024-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)

Attorneys

John Michael Murphy
Douglas Lee HarvilleThe Harville Law Firm, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent