No. 18-1554

Lawrence W. Blessinger v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-06-19
Status: Denied
Type: Paid
Amici (1)
Tags: circuit-split completed-misdemeanor fourth-amendment investigatory-stop law-enforcement-efficacy misdemeanor police-detention privacy-interests reasonable-suspicion terry-stop terry-v-ohio
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Whether the Fourth Amendment permits police to detain a suspect under Terry v. Ohio to investigate a completed misdemeanor

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Hensley, 469 U.S. 221, 228-29 (1985), the Court held that investigatory stops for completed felonies are permitted under the Fourth Amendment based on “reasonable suspicion.” The Court explicitly reserved on “whether Terry stops to investigate all past crimes, however serious, are permitted.” Id. at 229 (referring to Terry v. Ohio, 392 U.S. 1 (1968)). Petitioner was detained by a police officer investigating a littering offense—“dumping” yard clippings on vacant, heavily-wooded, private property—a misdemeanor under Florida law. The Eleventh Circuit upheld the Terry stop, placing it in conflict with decisions from other circuits. Compare, e.g., United States v. Roberts, 986 F.2d 1026, 1030 (6th Cir. 1993) (“[Plolice may stop a person to investigate. . . ‘a completed felony,’ but not ... a completed misdemeanor.”) (quoting Hensley, 469 US. at 229), with United States v. Grigg, 498 F.3d 1070, 1081 (9th Cir. 2007) (“We adopt the rule that a reviewing court must consider the nature of the misdemeanor offense in question ... when balancing the privacy interests at stake against the efficacy of a Terry stop.”). Thus, the question presented is: Whether the Fourth Amendment permits police to detain a suspect under Terry v. Ohio to investigate a completed misdemeanor.

Docket Entries

2019-10-21
Petition DENIED.
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-10-01
Reply of petitioner Lawrence Blessinger filed.
2019-09-18
Brief of respondent United States of America in opposition filed.
2019-08-09
Motion to extend the time to file a response is granted and the time is further extended to and including September 18, 2019.
2019-08-07
Motion to extend the time to file a response from August 19, 2019 to September 18, 2019, submitted to The Clerk.
2019-07-18
Brief amicus curiae of Florida Association of Criminal Defense Lawyers - Miami Chapter filed.
2019-07-11
Motion to extend the time to file a response is granted and the time is extended to and including August 19, 2019.
2019-07-10
Motion to extend the time to file a response from July 19, 2019 to August 19, 2019, submitted to The Clerk.
2019-06-27
Blanket Consent filed by Petitioner, Lawrence Blessinger.
2019-06-14
Petition for a writ of certiorari filed. (Response due July 19, 2019)
2019-04-04
Application (18A1021) granted by Justice Thomas extending the time to file until June 14, 2019.
2019-04-02
Application (18A1021) to extend the time to file a petition for a writ of certiorari from April 15, 2019 to June 14, 2019, submitted to Justice Thomas.

Attorneys

Florida Association of Criminal Defense Lawyers - Miami Chapter
Samuel Joseph Rabin Jr.Rabin & Lopez, P.A., Amicus
Samuel Joseph Rabin Jr.Rabin & Lopez, P.A., Amicus
Lawrence Blessinger
Howard Milton SrebnickBlack Srebnick Kornspan & Stumpf, P.A., Petitioner
Howard Milton SrebnickBlack Srebnick Kornspan & Stumpf, P.A., Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent