No. 18-5987

Ajohntae Hammond v. United States

Lower Court: Tenth Circuit
Docketed: 2018-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 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
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether a police officer's fear for safety justified a warrantless search

Question Presented (from Petition)

QUESTION PRESENTED 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 their consideration to a subset of facts that, in isolation, might suggest that the person was dangerous, or must courts consider the totality of the circumstances, including objective safety-protective circumstances that indicate that an officer’s purported fear for his safety was overblown or pretextual? ii

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-19
Waiver of right of respondent United States to respond filed.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Ajohntae Hammond
Josh LeeFederal Public Defender, Petitioner
Josh LeeFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent