No. 18-8361

Arturo Sarli v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-11
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment civil-rights consent-to-search custodial-interrogation detention due-process fourth-amendment fruit-of-the-poisonous-tree law-enforcement probable-cause search-and-seizure search-consent vehicle-search
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether consent to search comes to a natural end after a thorough and fruitless search has been conducted or may officers use the initial consent to search as many times as they wish even when they have placed the owner of the property in a place where he cannot object to searches beyond the first one?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Police officers stopped Arturo Sarli as he drove his truck. The officers had received a tip about Sarli and used their traffic-enforcement authority to pull over Sarli and give themselves a chance to investigate the tip. The officers obtained consent to search Sarli’s truck. They then arrested Sarli for an outstanding municipal warrant, handcuffed him, and put him in the back of a patrol car. The officers searched the truck, inside and out. They found nothing. They searched twice more, using two different narcotics-detecting dogs. They found nothing. Nearly an hour after consent was obtained, with the officers standing around and Sarli in custody, a detective appeared and conducted a fourth search of the truck. He found drugs hidden in a box of kitty litter in the truck. The question presented is whether consent to search comes to a natural end after a thorough and fruitless search has been conducted or may officers use the initial consent to search as many times as they wish even when they have placed the owner of the property in a place where he cannot object to searches beyond the first one?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Waiver of right of respondent United States of America to respond filed.
2019-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)

Attorneys

Arturo Sarli
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent