No. 18-7124

Ruben Geovanni Hernandez v. Texas

Lower Court: Texas
Docketed: 2018-12-19
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment civil-rights criminal-procedure due-process fishing-expedition fourth-amendment law-enforcement reasonable-suspicion scope-of-detention search-and-seizure traffic-stop vehicle-search
Key Terms:
FourthAmendment CriminalProcedure Securities Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Does the Fourth Amendment protect against a 'fishing expedition' to develop 'reasonable suspicion' to exceed the scope of an initial stop in order to conduct a vehicle search?

Question Presented (OCR Extract)

question presented is: Does the Fourth Amendment protect against a “fishing expedition” to develop ‘reasonable suspicion’ to exceed the scope of an initial stop in order to conduct a vehicle search? In United States v. Cortez, 449 U.S. 411, 419 (1981), this Court held that reliance on special training is insufficient to establish “reasonable suspicion” to search absent objective factual support. The question presented is: Under the Fourth Amendment did ‘objectively articulable suspicion exist for the drug interdiction officer to exceed the scope of the initial stop of Petitioner, and to request permission _ to search absent objectively articulable suspicion? The question presented is: . Should police possess reasonable articulable suspicion of further criminal activity before pressing a request to search a vehicle?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2017-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Ruben Geovanni Hernandez
Ruben Hernandez — Petitioner