Roman Gabriel Contreras v. United States
CriminalProcedure
Does the Appellate Court need to follow rules? Or are they allowed to circumvent established procedure?
QUESTIONS PRESENTED . The Ninth Circuit Court of Appealls. (9th) did not follow rules being Federal Rules of Appeallete Procedure and precedent ca, selaw. By either ruling or not ruling on four arguments waived ~ by the govenment, The unpublished Memorandum (memo) is not clear or consice, However, the (9th) does not have the authority to argue for the government, When the Court fails to rule accordingly this as well is the same as if the arguments were never raised, The question therefor, would be does the Appeallete Co. urtneed to follow rules? Or are they allowed to circumvent established procedure? The other determination by both the District Court(DC)'‘and the : (9th) is that a positive alert from a narcotics detection K-9 provides: Probable Cause (PC) for an arrest. This is contrary to cpgeenerepgt.prior Supreme Court precedent establishing an alert froma oo j. u.. ese G58 sn ttf providing “(PCy "ts SEARCH, ‘This High Court’ has held dies ; sticnt and seperate thresholds for (PC) to arrest and (PC) to Search, So then the question would be can a person be arrested when (PC) to search is established? Or does anactual physical search need to uncover evidence of illegal activity first then . an arrest can occur? The overall vagueness of the(9th) rulling does not answer arguments raised by my briefs, So then does the Appeallate Court need to address with more specificity to my arguments? 4