No. 18-478

Brian Edward Malnes v. City of Flagstaff, Arizona, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-15
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: constitutional-vagueness fourth-amendment harassment harassment-statute law-enforcement overbreadth probable-cause search-and-seizure unreasonable-search-and-seizure vagueness
Key Terms:
FourthAmendment CriminalProcedure EducationPrivacy Privacy
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Whether law enforcement officials had probable cause to arrest the Petitioner for the crime of harassment under Ariz. Rev. Stat. § 13-2921(A)(1) based on his conduct

Question Presented (from Petition)

QUESTIONS PRESENTED : The following case gives this Court the opportunity to reinforce the fundamental value and premise of the Fourth Amendment to the United States Constitution, which states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The questions presented are: 1. Whether law enforcement officials had proba| ble cause to arrest the Petitioner (issuing a citation) for the crime of harassment under ; Ariz. Rev. Stat. § 13-2921(A)(1) based on his conduct. 2. Whether Ariz. Rev. Stat. § 13-2921(A)(1) is unconstitutionally vague or overbroad.

Docket Entries

2019-01-07
Petition DENIED.
2018-11-28
DISTRIBUTED for Conference of 1/4/2019.
2018-11-15
Waiver of right of respondents Christine Devine, Larry Zerangue, Joey Sturm, Patricia Cottonham, Jennifer Vaught, Jordan Kellman, Jo Davis-McElligatt, Aaron Martin, John Laudun, Shelley Ingram, Claiborne Rice, James McDonald, Joseph Adriano, John Greene, Christine Brasher and Joseph Sa to respond filed.
2018-10-15
Waiver of right of respondents City of Flagstaff, Arizona, et al. to respond filed.
2018-10-01
Motion (18M7) for leave to proceed as a veteran Denied.
2018-07-03
MOTION (18M7) DISTRIBUTED for Conference of 9/24/2018.
2018-06-21
Motion (18M7) for leave to proceed as a veteran filed.
2018-06-21
Petition for a writ of certiorari filed. (Response due November 14, 2018)

Attorneys

Brian Malnes
Brian Edward Malnes — Petitioner
Brian Edward Malnes — Petitioner
Christine Devine, Larry Zerangue, Joey Sturm, Patricia Cottonham, Jennifer Vaught, Jordan Kellman, Jo Davis-McElligatt, Aaron Martin, John Laudun, Shelley Ingram, Claiborne Rice, James McDonald, Joseph Adriano, John Greene, Christine Brasher and Joseph Sa
David Glen SandersLouisiana Department of Justice, Respondent
David Glen SandersLouisiana Department of Justice, Respondent
City of Flagstaff, Arizona, et al.
Marianne E. SullivanFlagstaff City Attorney's Office, Respondent
Marianne E. SullivanFlagstaff City Attorney's Office, Respondent