No. 18-7256

Amin De Castro v. United States

Lower Court: Third Circuit
Docketed: 2019-01-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights due-process fourth-amendment law-enforcement-interaction police-encounter police-seizure probable-cause reasonable-person reasonable-person-standard seizure terry-stop
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

whether a reasonable person would feel free to refuse a police officer's polite request to take his hands out of his pockets

Question Presented (OCR Extract)

QUESTION PRESENTED A police officer “seizes” a person under the Fourth Amendment if he makes a request that a reasonable person would not feel free to refuse, and the person then complies. See California v. Hodari D., 499 U.S. 621, 627-628 (1991). The question in this case is whether a reasonable person would feel free to refuse a police officer’s polite request to take his hands out of his pockets. i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-16
Waiver of right of respondent United States to respond filed.
2019-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 6, 2019)

Attorneys

Amin De Castro
Robert EpsteinDef. Assoc. of Phila. Fed. Ct., Petitioner
Robert EpsteinDef. Assoc. of Phila. Fed. Ct., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent