No. 18-915

Gregory T. Christian v. K. A. Payne, et al.

Lower Court: Fourth Circuit
Docketed: 2019-01-16
Status: Denied
Type: Paid
Response Waived
Tags: 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search
Key Terms:
SocialSecurity Privacy JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether producing identification without being requested justifies search for weapons several minutes later

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner was searched twice by Respondent police at a yard sale. The first search was ostensibly for weapons, and the second search was for a ring which the operator of the yard sale claimed Petitioner had stolen from her. Both searches were fruitless. Petitioner filed suit under 42 U.S.C. §1988 for violation of 4” Amendment guarantee against warrantless search. The district court granted summary judgment on grounds the weapon search was generally justified and Respondents deserved qualified immunity for second search based on belief Petitioner voluntarily consented. The appeals court held the weapon search justified on grounds of unrequested production of identification, and coneurred in the district court finding of qualified immunity. The questions presented are: 1) whether producing identification without being requested to justifies search for weapons several minutes later; 2) whether overt submission to and facilitation of search establishes police belief that submission was not a result of immediately preceding fraud and coercion engaged in explicitly for such purpose; 3) whether systemic suppression of audio evidence is sufficiently improper to warrant remand. i

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-08
Waiver of right of respondents K.A. Payne, et al. to respond filed.
2019-01-08
Petition for a writ of certiorari filed. (Response due February 15, 2019)

Attorneys

Gregory T. Christian
Gregory T. Christian — Petitioner
K.A. Payne, et al.
Ross Buchanan PlylerRoe Cassidy Coates & Price P.A., Respondent