No. 18-8631

Bekim Fiseku v. United States

Lower Court: Second Circuit
Docketed: 2019-03-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights constitutional-rights fourth-amendment handcuffing investigative-stop police-procedure probable-cause terry-stop terry-v-ohio unusual-circumstances
Key Terms:
FourthAmendment FifthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Whether the Second Circuit disregarded its prior decisions and created precedent that undermines the rule that officers may not handcuff a suspect during a Terry stop without probable cause

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether in concluding that, where a suspect presented no discernable threat of physical violence and police had nothing beyond mere speculation that criminal activity was afoot, the case nevertheless presented “unusual circumstances” under which police could handcuff a suspect without transforming an investigative stop under Terry v. Ohio, 392 U.S. 1 (1968) into an arrest, the United States Court of Appeals for the Second Circuit disregarded its prior decisions and created precedent that effectively undermines the rule that officers may not handcuff a suspect during a Terry stop and the core Fourth Amendment tenet that no arrest take place without probable cause. i

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-05
Waiver of right of respondent United States of America to respond filed.
2019-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)

Attorneys

Bekim Fiseku
Mary Anne WirthBLEAKLEY PLATT & SCHMIDT, LLP, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent