No. 24-7466
Patrick Joseph Duncan, Jr. v. United States
Response WaivedIFP
Tags: criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law
Key Terms:
FourthAmendment CriminalProcedure
FourthAmendment CriminalProcedure
Latest Conference:
2025-09-29
Question Presented (from Petition)
When determining whether law enforcement's stop of a suspect was lawful under the Fourth Amendment, may federal courts use state law – in this case, California's definition of a completed offense that conflicts with the federal definition of a completed offense – to narrow an individual's Fourth Amendment rights?
Question Presented (AI Summary)
Whether federal courts may use state law definitions to narrow Fourth Amendment protections during law enforcement stops
Docket Entries
2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-08
Errata Letter of Patrick Duncan, Jr. submitted.
2025-07-08
Waiver of United States of right to respond submitted.
2025-07-08
Waiver of right of respondent United States to respond filed.
2025-07-08
Letter from petitioner received.
2025-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2025)
Attorneys
Patrick Duncan, Jr.
Brad Kannof Kaiserman — The Law Office of Brad K. Kaiserman, Petitioner
United States
D. John Sauer — Solicitor General, Respondent
Moez Mansoor Kaba — Hueston Hennigan LLP, Respondent