| 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… |
| 23-1239 |
Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased v. Roberto Felix, Jr., et al. |
Fifth Circuit |
2024-05-24 |
Judgment Issued |
Amici (36)Response Waived |
circuit-split civil-rights due-process excessive-force fourth-amendment graham-v-connor moment-of-threat-doctrine police-use-of-force totality-of-the-circumstances |
Whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment. |
| 23-410 |
Estate of Gabriel Strickland, et al. v. Nevada County, California, et al. |
Ninth Circuit |
2023-10-19 |
Denied |
|
42-usc-1983 civil-rights deadly-force graham-factors graham-v-connor objective-reasonableness section-1983 totality-of-circumstances totality-of-the-circumstances use-of-force |
This case presents a unique question of law under 42 U.S.C. §1983 concerning the application of the "totality of the circumstances" test adopted in Gr… |
| 23-221 |
Andrew H. Zoellick v. Wisconsin |
Wisconsin |
2023-09-08 |
Denied |
Response Waived |
4th-amendment civil-rights due-process fourth-amendment jurisprudential-definition mitigating-factors probable-cause reasonable-suspicion totality-of-circumstances totality-of-the-circumstances |
Whether the absence of any jurisprudential definition of the term "totality," as applied to the totality of the circumstances test under the Fourth Am… |
| 22-768 |
Angie Waller, et al. v. Richard Hoeppner, et al. |
Fifth Circuit |
2023-02-15 |
Denied |
Response Waived |
civil-rights-act fourth-amendment graham-v-connor municipal-liability reasonableness reasonableness-standard search-and-seizure tennessee-v-garner totality-of-circumstances totality-of-the-circumstances |
1. Does the Fifth Circuit's "narrowed" test of
reasonableness of a search or seizure under the Fourth
Amendment, which deems as irrelevant any of th… |
| 22-5809 |
Sirron Moralez v. United States |
Sixth Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
constitutional-rights container fourth-amendment law-enforcement-conduct probable-cause search-and-seizure seizure totality-of-the-circumstances traffic-stop vehicle-search |
Does an empty container with "THC" on the cover justify an extended detention in a traffic stop and support the seizure of the driver and search of th… |
| 22-275 |
Benjamin Braam, et al. v. Kevin A. Carr, Secretary, Wisconsin Department of Corrections |
Seventh Circuit |
2022-09-23 |
Denied |
|
criminal-justice fourth-amendment gps-tracking lifetime-monitoring post-supervision sex-offender sex-offenders special-needs special-needs-doctrine totality-of-the-circumstances |
Wisconsin law requires persons convicted of certain sex offenses to wear GPS tracking devices for life even after they have completed post-confinement… |
| 21-1559 |
Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook |
Eleventh Circuit |
2022-06-14 |
Denied |
|
civil-rights constitutional-rights deadly-force due-process fair-notice fourth-amendment qualified-immunity totality-of-the-circumstances use-of-force |
1. When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the "clearly established law" prong of a qualified i… |
| 21-8063 |
William Lee Wright Jr. v. California |
California |
2022-06-06 |
Denied |
IFP |
civil-rights constitutional-rights criminal-procedure due-process faretta faretta-motion judicial-discretion self-representation timeliness totality-of-the-circumstances |
1. Whether, as the majority of jurisdictions hold, a request for self-representation under Faretta v. California, 422 U.S. 806 (1975), is timely if ma… |
| 21-1486 |
Nancy Catherine Powers v. Alabama |
Alabama |
2022-05-25 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search |
1. Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth … |
| 20-1685 |
Scott Fulford, et al. v. George Wingate |
Fourth Circuit |
2021-06-04 |
Denied |
|
civil-liability fourth-amendment law-enforcement-training qualified-immunity reasonable-suspicion terry-stop totality-of-circumstances totality-of-the-circumstances |
The Fourth Amendment requires that a Terry stop be supported by some minimal level of objective justification for the stop. In conducting a Fourth Ame… |
| 20-7464 |
Stephen D. Long v. Ohio |
Ohio |
2021-03-17 |
Denied |
Response WaivedIFP |
4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances |
1. Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant?
2. Is an irrebu… |
| 20-6933 |
Seledonio Martinez v. United States |
Fourth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances |
Where the totality of the circumstances of this case do not support a top-of-the-Guidelines sentence, whether the 46-month sentence is reasonable. |
| 20-183 |
Billy D. Stair, III v. Charles Jackson |
Eighth Circuit |
2020-08-19 |
Denied |
|
excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force |
Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in den… |
| 19-8676 |
Fatou Small v. United States |
Third Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
fourth-amendment informant-tip probable-cause reasonable-suspicion totality-of-the-circumstances traffic-offense vehicle-stop |
Whether a vehicle stop was performed in violation of Petitioner's Fourth Amendment rights when no observable traffic offense was committed by Petition… |
| 19-5782 |
Tyrone Dexter Christian v. United States |
Sixth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory |
I. Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole a… |
| 19-88 |
Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. |
Eighth Circuit |
2019-07-17 |
Denied |
Response Waived |
absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances |
1. Can an unverified tip which was the basis for a lawful search, and which was disproved during the course of the lawful search, by itself constitute… |
| 18-9523 |
Amnon Ami Levi v. United States |
Eleventh Circuit |
2019-06-03 |
Denied |
Response WaivedIFP |
custodial-interrogation isolation language-abilities miranda-rights miranda-v-arizona neutral-location police-domination police-isolation totality-of-circumstances totality-of-the-circumstances voluntariness |
I. Whether factors of police domination and isolation can result in custodial interrogation within the meaning of Miranda v. Arizona, 384 U.S. 436 (19… |
| 18-1128 |
Curtis Minchuk v. Craig Strand |
Seventh Circuit |
2019-02-28 |
Denied |
Response Waived |
circuit-split deadly-force deadly-force-justification excessive-force fourth-amendment police-use-of-force qualified-immunity self-defense totality-of-the-circumstances use-of-force |
1. Whether evidence of a dangerous and violent
suspect's sudden and unexpected gesture of
surrender immediately and objectively
terminates the deadly … |
| 18-7914 |
Jay Maurice Tharps v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances |
Whether the Fourth Circuit erred in determining that probable cause existed when instead of describing any reliable and corroborated facts about drug … |
| 18-672 |
City of Newport Beach, California, et al. v. Richard Vos, et al. |
Ninth Circuit |
2018-11-23 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (6) |
ada-title-ii americans-with-disabilities-act fourth-amendment law-enforcement mental-illness totality-of-the-circumstances use-of-force |
1. Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally … |
| 18-6432 |
Patrick Killen, Jr. v. United States |
Eleventh Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
confession confession-voluntariness consent-to-search due-process fifth-amendment fourth-amendment interrogation interrogation-circumstances involuntary law-enforcement-tactics totality-of-the-circumstances young-adult |
This petition presents the question of whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, youn… |
| 18-6297 |
Jorge Robles-Avalos v. United States |
Fifth Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
4th-amendment border-patrol fourth-amendment motion-to-suppress probable-cause reasonable-suspicion search-and-seizure totality-of-the-circumstances vehicle-stop |
In ruling on a motion to suppress evidence obtained as a result of a roving Border Patrol stop, must a court consider, as part of the totality of the … |
| 18-5987 |
Ajohntae Hammond v. United States |
Tenth Circuit |
2018-09-14 |
Denied |
Response WaivedIFP |
4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search |
When deciding whether a police officer's fear for his safety justified a warrantless search of a person not suspected of any crime, may courts limit t… |