terry-v-ohio

29 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5197 Curtis Mitchell Paul v. United States Sixth Circuit 2024-07-31 Denied Response WaivedIFP criminal-investigation empirical-evidence fourth-amendment officer-mistake probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio totality-of-the-circumstances Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robb…
23-6550 Xavier Howell v. United States Fourth Circuit 2024-01-23 Denied Response WaivedIFP drug-trafficking fourth-amendment fourth-amendment-protections probable-cause terry-stop terry-v-ohio vehicle-search vehicle-stop warrantless-search warrantless-stop Whether a Warrantless Stop of a Vehicle, Based Solely on Proximity to a Motel Known for Drug Trafficking, in the Absence of any Actual Violation of th…
23-6355 Allan Leslie Sinanan, Jr. v. Pennsylvania Pennsylvania 2023-12-27 Denied IFP article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest WHETHER THE PENNSYLVANIA JUDICIARY'S APPLICATION OF THE Strickland/Pierce STANDARD WAS UNREASONABLE, WHERE TRIAL COUNSEL FAILED TO LITIGATE VIOLATIONS…
21-901 Casondra Pollreis, on Behalf of Herself and Her Minor Children, W. Y. and S. Y. v. Lamont Marzolf Eighth Circuit 2021-12-17 Denied Amici (3)Response Waived children's-rights civil-rights constitutional-protections fourth-amendment fourth-amendment-expansion law-enforcement-conduct probable-cause search-and-seizure terry-v-ohio Does the Fourth Amendment permit the search and seizure without probable cause of two compliant children, handcuffed and at gunpoint, even after the c…
21-835 Otha Ray Flowers v. United States Fifth Circuit 2021-12-06 Denied 4th-amendment criminal-procedure fourth-amendment high-crime-area illinois-v-wardlow law-enforcement reasonable-suspicion terry-stop terry-v-ohio Whether conduct that is consistent with either lawful or unlawful behavior, and in which law-abiding members of the general public routinely engage, c…
21-6449 Pizarro Thomas v. United States Fifth Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment criminal-conduct criminal-procedure fourth-amendment law-enforcement-conduct police-policy reasonable-suspicion terry-stop terry-v-ohio warrantless-seizure QUESTION 1 : WAS THERE "REASONABLE SUSPICION" JUSTIFYING PETITIONER'S STOP AND FRISK UNDER TERRY WHEN THE OFFICERS EFFECTING THE "STOP " DID NOT OBSER…
21-5835 Guillermo Gonzalez-Zea v. United States Eleventh Circuit 2021-09-30 Denied Response WaivedIFP civil-rights identity immigration investigative-stop reasonable-suspicion terry-v-ohio I. Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the …
21-5287 Cherosco Brewer v. United States Sixth Circuit 2021-08-04 Denied Response WaivedIFP civil-rights fourth-amendment reasonable-suspicion rodriguez-v-united-states terry-v-ohio traffic-stop 1. For an otherwise lawful traffic stop for a routine traffic violation, does the stop fail the duration test of Rodriguez v. United States, 575 U.S. …
20-8160 Tamaran Edward Bontemps v. United States Ninth Circuit 2021-05-28 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process fourth-amendment law-enforcement police-stop reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Does a sweatshirt bulge alone give an objectively reasonable and particularized suspicion to stop Bontemps?
20-7716 Milton Mosley v. United States Third Circuit 2021-04-12 Denied Response WaivedIFP civil-rights criminal-procedure fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio The finding of the lower courts, where suspicion of criminal activity was clearly not "specific, individualized, and reasonable," is contrary to the S…
20-7119 Javier Alejandro Moline-Borroto v. United States Fifth Circuit 2021-02-11 Denied Response WaivedIFP 4th-amendment 5th-amendment checkpoint-seizure civil-rights due-process fourth-amendment investigatory-encounter prolonged-detention reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether the lower courts erred by finding that the officer had reasonable suspicion to transform a suspicionless checkpoint seizure into a prolonged i…
20-7003 Justin Anthony Kudla v. Minnesota Minnesota 2021-02-01 Denied IFP 4th-amendment criminal-activity criminal-procedure fourth-amendment law-enforcement police-intrusion reasonable-suspicion terry-stop terry-v-ohio traffic-stop Did the district court error by denying the suppression motion where a police officer violated a rule announced in Terry v. Ohio, under the Fourth Ame…
20-6960 DeAndre McMichaels v. Illinois Illinois 2021-01-28 Denied Response WaivedIFP 2nd-amendment 4th-amendment concealed-carry fourth-amendment law-enforcement public-carry reasonable-suspicion search-and-seizure terry-stop terry-v-ohio In a state that permits residents to legally carry concealed firearms while in public, whether or under what circumstances an officer's belief that a …
20-733 Terrill A. Rickmon, Sr. v. United States Seventh Circuit 2020-11-25 Denied 4th-amendment circuit-split due-process emergency-exception fourth-amendment individualized-suspicion reasonable-suspicion terry-stop terry-v-ohio Does the sound of gunshots create an emergency so that the "individualized suspicion" required by Terry attaches to anyone near the shots?
20-6142 Steven Spain v. Illinois Illinois 2020-10-27 Denied Response WaivedIFP 2nd-amendment 4th-amendment civil-rights due-process fourth-amendment gun-rights law-enforcement probable-cause reasonable-suspicion second-amendment terry-v-ohio In a state that allows residents to carry a firearm in public, is it reasonabl e under the Fourth Amendment to stop and arrest someone for carryi ng a…
20-6055 Terrill Bernard Weatherspoon v. United States Fourth Circuit 2020-10-16 Denied Response WaivedIFP 4th-amendment companion-rule fourth-amendment law-enforcement officer-safety pat-down-search reasonable-suspicion search-and-seizure terry-stop terry-v-ohio MUST AN OFFICER HAVE A REASONABLE SUSPICION THAT A COMPANION OF AN ARRESTEE IS ARMED AND DANGEROUS, INDEPENDENTLY OF A REASONABLE SUSPICION THAT THE A…
19-8594 Justin Harrington Darrell v. United States Fifth Circuit 2020-06-03 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment civil-rights due-process fourth-amendment high-crime-area illinois-v-wardlow officer-safety reasonable-suspicion seizure terry-stop terry-v-ohio Whether "officer safety" can justify the seizure of a person for a Terry stop, instead of pointing to specific, articulable facts that lead him to rea…
19-8401 Roderick Delon Lewis v. United States Fourth Circuit 2020-05-05 Denied Response WaivedIFP collins-v-virginia curtilage fourth-amendment probable-cause reasonable-suspicion terry-stop terry-v-ohio warrant 1- Whether an officer's intrusion into the front and back yards of the Petitioner's residence so obviously implicated the Fourth Amendment curtilage p…
19-814 Tony Deshawn McCoy v. United States Fourth Circuit 2019-12-27 Denied Amici (1) armed-and-dangerous fourth-amendment law-enforcement-discretion marijuana-possession probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio Whether officers can presume that a person is "armed and presently dangerous" simply because the person possesses any amount of marijuana, however sma…
19-5582 Tuan Duc Lam v. United States Ninth Circuit 2019-08-13 Denied IFP circuit-split custodial-detention fourth-amendment knowles-v-iowa ninth-circuit probable-cause search-incident-to-arrest terry-stop terry-v-ohio warrantless-search Once a police officer makes a formal custodial arrest, the Fourth Amendment permits a warrantless search incident to that arrest. See, e.g., Riley v. …
18-1554 Lawrence W. Blessinger v. United States Eleventh Circuit 2019-06-19 Denied Amici (1) circuit-split completed-misdemeanor fourth-amendment investigatory-stop law-enforcement-efficacy misdemeanor police-detention privacy-interests reasonable-suspicion terry-stop terry-v-ohio Whether the Fourth Amendment permits police to detain a suspect under Terry v. Ohio to investigate a completed misdemeanor.
18-9399 Paul Johnson, Jr. v. United States Eleventh Circuit 2019-05-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP ammunition ammunition-seizure eleventh-circuit fourth-amendment fourth-amendment-original-meaning original-meaning pat-down police-procedure probable-cause search-and-seizure terry-stop terry-v-ohio Whether the Fourth Amendment permits police officer to seize a freestanding round of ammunition identified during a pat down conducted pursuant to Ter…
18-9036 Gregory Tarrel Brown v. Virginia, et al. Virginia 2019-04-30 Denied Response WaivedIFP 4th-amendment civil-rights curtilage fourth-amendment plain-smell-doctrine probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio 1. Was the entry by law enforcement on the curtilage of the property based on an unsubstantiated tip, without consent, violative of the Fourth Amendme…
18-8631 Bekim Fiseku v. United States Second Circuit 2019-03-29 Denied Response WaivedIFP 4th-amendment civil-rights constitutional-rights fourth-amendment handcuffing investigative-stop police-procedure probable-cause terry-stop terry-v-ohio unusual-circumstances Whether in concluding that, where a suspect presented no discernable threat of physical violence and police had nothing beyond mere speculation that c…
18-7294 Sergio Antonio Zambrano v. United States Eleventh Circuit 2019-01-08 Denied Response WaivedIFP 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches Where a police officer initiates a stop of an individual pursuant to Terry v. Ohio and pats down the outer clothing of the individual and feels an obj…
18-7156 Antonez Terril Johnson v. United States Eleventh Circuit 2018-12-20 Denied Response WaivedIFP arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio This Court has held, in several traffic stop cases, that investigatory stops based on probable cause can violate the Fourth Amendment in scope and dur…
18-437 Dmitri I. Medvedev v. Henrico County Virginia 2018-10-05 Denied 4th-amendment civil-rights driver's-license due-process dui fourth-amendment probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio Under Terry v. Ohio, 392 U.S. 1 (1968), a police officer can briefly detain a person based on reasonable suspicion that the person is involved in crim…
18-6179 Mario Govan Emmanuel v. Territory of the Virgin Islands Virgin Islands 2018-10-02 Denied IFP 4th-amendment bolo-flyer collective-knowledge collective-knowledge-doctrine fellow-officer-doctrine fourth-amendment officer-discretion reasonable-suspicion stop-and-frisk terry-stop terry-v-ohio united-states-v-hensley whiteley-v-warden Does the collective knowledge or fellow officer doctrine eliminate the need for the BOLO-flyer "to articulate facts supporting a reasonable suspicion …
18-5296 Todd Rasberry v. United States First Circuit 2018-07-20 Denied Response RequestedResponse WaivedRelisted (2)IFP consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search May the government circumvent a home occupant's consent by invoking Terry v. Ohio to search home and person without a warrant?