No. 18-8177

Julia Augusta Constan Macri v. Illinois

Lower Court: Illinois
Docketed: 2019-02-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment circuit-split constitutional-rights criminal-procedure deviation fourth-amendment fourth-amendment-search-and-seizure illinois-v-caballes law-enforcement original-purpose reasonable-suspicion rodriguez-v-united-states traffic-stop
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-03-29
Question Presented (AI Summary)

Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer's deviation from the stop's original mission?

Question Presented (OCR Extract)

QUESTION PRESENTED Under this Court’s Fourth Amendment decisions, an officer is prohibited from prolonging a traffic stop beyond its original purpose without “reasonable suspicion” of criminal activity. See, e.g., Illinois v. Caballes, 543 U.S. 405, 407 (2005); Rodriguez v. U.S., 135 S.Ct. 1609, 1615 (2015). But the Court has not clearly defined what constitutes such “reasonable suspicion” or when such suspicion must be formed. As a result, state courts of last resort as well as federal circuit courts have created different standards and are now split over when an officer must form a reasonable suspicion. The question presented is: Whether under the Fourth Amendment the reasonable articulable suspicion necessary to extend a traffic stop must be formed before the officer’s deviation from the stop’s original mission?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-07
Waiver of right of respondent Illinois to respond filed.
2019-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)
2019-01-18
Application (18A620) granted by Justice Kavanaugh extending the time to file until February 25, 2019.
2019-01-15
Application (18A620) to extend further the time from January 25, 2019 to February 23, 2019, submitted to Justice Kavanaugh.
2018-12-13
Application (18A620) granted by Justice Kavanaugh extending the time to file until January 25, 2019.
2018-12-11
Application (18A620) to extend the time to file a petition for a writ of certiorari from December 25, 2018 to January 25, 2019, submitted to Justice Kavanaugh.

Attorneys

Illinois
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent
Julia Augusta Constan Macri
Gene Clayton SchaerrSchaerr | Jaffe, Petitioner
Gene Clayton SchaerrSchaerr | Jaffe, Petitioner