No. 18-7156

Antonez Terril Johnson v. United States

Lower Court: Eleventh Circuit
Docketed: 2018-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-01-18
Question Presented (AI Summary)

Whether pedestrian Terry stops based on probable cause do or do not equate to arrest

Question Presented (from Petition)

QUESTION PRESENTED This Court has held, in several traffic stop cases, that investigatory stops based on probable cause can violate the Fourth Amendment in scope and duration under the standard set in Terry v. Ohio, 392 U.S. 1 (1968). This writ of certiorari asks whether the same applies to pedestrian stops based on probable cause or whether, as the Eleventh Circuit held in this case, United States v. Johnson, No. 17-13726, 2018 WL 4846324 (11th Cir. Oct. 4, 2018), those stops equate to an arrest, which relinquishes courts from inquiring into the reasonableness of the scope and duration of the stop.

Docket Entries

2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-27
Waiver of right of respondent United States to respond filed.
2018-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2019)

Attorneys

Antonez Johnson
Patricia Vanessa KempFederal Defenders Southern District of Alabama, Petitioner
Patricia Vanessa KempFederal Defenders Southern District of Alabama, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent