No. 24-6499

Michael J. Baniel v. United States

Lower Court: Fifth Circuit
Docketed: 2025-02-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fourth-amendment narcotics-investigation probable-cause reasonable-suspicion traffic-stop warrantless-search
Latest Conference: 2025-03-07
Question Presented (from Petition)

Whether Trooper Colton Derrick unreasonably extended Mr. Michael J. Baniel's traffic stop, that was preceded by and subjugated to a narcotics investigation, in violation of the duty of a reasonable officer to "diligently pursue[] a means of investigation that was likely to confirm or dispel their suspicions quickly." United States v. Sharpe, 470 U.S. 675, 686, 105 S. Ct. 1568, 1575, 84 L. Ed. 2d 605, 615-616 (1985) (emphasis added)?

Question Presented (AI Summary)

Whether Trooper Colton Derrick unreasonably extended a traffic stop by focusing on a narcotics investigation without reasonable suspicion or probable cause

Docket Entries

2025-03-10
Petition DENIED.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-11
Waiver of United States of right to respond submitted.
2025-02-11
Waiver of right of respondent United States to respond filed.
2025-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2025)

Attorneys

Michael J. Baniel
Douglas Lee HarvilleThe Harville Law Firm, LLC, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent