No. 18-8988

Airrington L. Sykes v. United States

Lower Court: Eighth Circuit
Docketed: 2019-04-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: 2nd-amendment civil-rights concealed-carry due-process firearm-possession fourth-amendment law-enforcement reasonable-suspicion terry-stop
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminalize the concealed carry of a firearm with a permit?

Question Presented (from Petition)

QUESTIONS PRESENTED! (1) Whether law enforcement can presume any concealed carry of a firearm is unlawful and conduct a Terry stop when the state statute does not criminalize the concealed carry of a firearm with a permit? (2) Whether the Terry frisk analysis is a two-part test, requiring law enforcement to have reasonable suspicion that an individual is both armed and dangerous, and that law enforcement cannot assume anyone who is armed is automatically dangerous? ' The undersigned has recently filed a petition for writ of certiorari, raising these virtually identical questions, in Temarco Pope, Jr. v. United States, 18-8785. . il

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Brief of respondent United States of America in opposition filed.
2019-06-05
Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2019.
2019-06-04
Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
2019-05-10
Response Requested. (Due June 10, 2019)
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-01
Waiver of right of respondent United States of America to respond filed.
2019-04-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Airrington Sykes
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent