No. 18-6122

Sheri Lee Pualani Kapahu v. United States

Lower Court: Ninth Circuit
Docketed: 2018-09-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: boarding-a-plane consensual-encounter detention drug-possession federal-agent fourth-amendment law-enforcement-interaction reasonable-person reasonable-person-standard search-and-seizure
Key Terms:
FourthAmendment FifthAmendment CriminalProcedure Privacy
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether a reasonable person would feel free to ignore a federal agent's direct accusation of drug possession and go about her business of boarding a plane

Question Presented (OCR Extract)

QUESTION PRESENTED A police-citizen encounter does not implicate the Fourth Amendment when consensual. Once a reasonable person would no longer feel free to ignore the police, walk away, and go about her business, however, the encounter loses its consensual character and becomes a detention that does implicate the Fourth Amendment. The question presented here is whether a reasonable person would feel free to ignore a federal agent’s direct accusation of drug possession, and go about her business of boarding a plane for elsewhere, taking the drugs that the agent had said he “already knew” she possessed with her.

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Waiver of right of respondent United States to respond filed.
2018-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2018)

Attorneys

Sheri Lee Pualani Kapahu
Peter Christian Wolff Jr.Office of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent