No. 18-6179

Mario Govan Emmanuel v. Territory of the Virgin Islands

Lower Court: Virgin Islands
Docketed: 2018-10-02
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment bolo-flyer collective-knowledge collective-knowledge-doctrine fellow-officer-doctrine fourth-amendment officer-discretion reasonable-suspicion stop-and-frisk terry-stop terry-v-ohio united-states-v-hensley whiteley-v-warden
Key Terms:
FourthAmendment FirstAmendment DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Does the collective knowledge or fellow officer doctrine eliminate the need for the BOLO-flyer to articulate facts supporting a reasonable suspicion that the wanted person has committed an offense?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Within a “very narrow exception” in Terry v. Ohio, 392 U.S. 1 (1968), an officer who objectively relies on a flyer issued by another officer who had the requisite knowledge may briefly detain a person even though the detaining officer had no personal knowledge. United States v. Hensley, 469 U.S. 221 (1985); Whiteley v. Warden, 401 U.S. 560 (1971). But if the flyer “has been issued in the absence of a reasonable suspicion, then a stop in the objective reliance upon it violates the Fourth Amendment.” 469 U.S. at 232. The question presented is: Does the collective knowledge or fellow officer doctrine eliminate the need for the BOLO-flyer “to articulate facts supporting a reasonable suspicion that the wanted person has committed an offense,” with the result that an officer who lacks reasonable suspicion may stop or frisk a citizen at will? i

Docket Entries

2018-12-03
Petition DENIED.
2018-11-14
DISTRIBUTED for Conference of 11/30/2018.
2018-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2018)

Attorneys

Mario Govan Emmanuel
Kele Chidi OnyejekweOffice of the Territorial Public Defender, Petitioner
Kele Chidi OnyejekweOffice of the Territorial Public Defender, Petitioner