consensual-encounter

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5120 Clim Eugene Murphy Thomas v. United States Fifth Circuit 2023-07-17 Denied Response WaivedIFP 4th-amendment civil-rights consensual-encounter consent-search due-process fifth-circuit law-enforcement police-encounter racial-profiling totality-of-circumstances WHETHER THE UNITED STATE FIFTH CIRCUIT COURT OF APPEALS IMPROPERLY APPLIED ITS TOTALITY OF THE CIRCUMSTANCES ANALYSIS OF PETITIONER'S CHALLENGE TO THE…
22-6441 James D. Dayvault v. Kansas Kansas 2023-01-03 Denied Response WaivedIFP civil-rights consensual-encounter custody detention due-process family-law fourth-amendment law-enforcement photography reasonable-person reasonable-person-standard seizure 1. Did the Kansas Court of Appeals err when it affirmed the trial court's decision regarding custody for the purposes of Miranda, and does the court e…
21-7375 Rodolfo Rodriguez, Jr. v. United States Tenth Circuit 2022-03-15 Denied Response WaivedIFP 4th-amendment appellate-review consensual-encounter consent criminal-procedure investigative-detention investigative-stop law-enforcement-interaction search-and-seizure standard-of-review voluntary-consent 1. What is the appropriate standard to be applied in determining whether an encounter with police was consensual or an investigative stop? 2. Whether…
21-6890 Robert William Moats v. United States Fourth Circuit 2022-01-20 Denied Response WaivedIFP civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure Whether the majority opinion of the Unit ed States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and…
20-1366 Jesus Gomez-Arzate v. United States Tenth Circuit 2021-03-30 Denied Response Waived 4th-amendment attenuation civil-rights consensual-encounter consent consent-to-search due-process fourth-amendment standing traffic-detention unlawful-extension In 2015, this Court decided the case of Rodriguez v. United States, 575 U.S. 348 (2015) [135 S.Ct. 1609, 191 L.Ed.2d 492], limiting the scope of traff…
20-6090 Reginald Ferguson v. United States Sixth Circuit 2020-10-21 Denied Relisted (2)IFP civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony 1. Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is i…
19-8754 Francisco Armando Martinez v. United States Tenth Circuit 2020-06-19 Denied Response WaivedIFP appellate-review circuit-split consensual-encounter district-court fourth-amendment law-enforcement motion-to-suppress reasonable-suspicion standard-of-review suppression I. Whether an appellate court must uphold the ruling of the district court if there is any reasonable view of the evidence to support it where the dis…
19-5731 Angel Mesa Madueno v. California California 2019-08-28 Denied Response WaivedIFP 4th-amendment civil-rights consensual-encounter consent fourth-amendment independent-contractor privacy property-rights search-and-seizure standing trespass warrantless-entry Whether an independent contractor legitimately working in another's back yard has standing to contest a warrantless and non-exigent entry onto the pro…
18-6122 Sheri Lee Pualani Kapahu v. United States Ninth Circuit 2018-09-28 Denied Response WaivedIFP boarding-a-plane consensual-encounter detention drug-possession federal-agent fourth-amendment law-enforcement-interaction reasonable-person reasonable-person-standard search-and-seizure A police-citizen encounter does not implicate the Fourth Amendment when consensual. Once a reasonable person would no longer feel free to ignore the p…