No. 18-7294

Sergio Antonio Zambrano v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-01-08
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment fourth-amendment pat-down probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio warrantless-search warrantless-searches
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether a police officer may reach into an individual's pockets and remove objects during a Terry stop if the officer cannot determine through a pat-down search that the object is a weapon

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW The Fourth Amendment prohibits unreasonable searches and seizures by the Government including warrantless searches not supported by probable cause. U.S. Const., amend. IV. In Terry v. Ohio, 392 U.S. 1 (1968), this Court established a very limited exception to the Fourth Amendment’s warrant requirement allowing a police officer, under very limited circumstances, to pat down an individual whom the officer has reasonable suspicion to believe is armed and presently dangerous. Under Terry, the officer “is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.” Jd. at 30. This petition raises a very straightforward issue related to a Terry stop that is likely encountered frequently by police officers and which requires guidance from this Court: Where a police officer initiates a stop of an individual pursuant to Terry v. Ohio and pats down the outer clothing of the individual and feels an object that appears to be a cell phone or a wallet, may the officer reach into the pockets of the individual and pull out the objeet to make sure it is in fact a cell phone or a wallet and not a weapon? i INTERESTED PARTIES There are no

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 Stats of America to respond filed.
2019-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2019)

Attorneys

Sergio Zambrano
Bernardo LopezFederal Public Defender, Petitioner
Bernardo LopezFederal Public Defender, Petitioner
United Stats of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent