No. 18-9631

Erickson Meko Campbell v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-06-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: 4th-amendment exclusionary-rule fourth-amendment good-faith-exception reasonable-suspicion rodriguez-v-united-states seizure-doctrine traffic-stop united-states-v-griffin
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the exclusionary rule should apply when the only precedent the officer could rely on was not directly on point, explicitly rejected a bright-line rule pre-authorizing the seizure in favor of a totality of the circumstances analysis, and was out of step with this Court's prior and subsequent decisions governing the seizure

Question Presented (OCR Extract)

QUESTION PRESENTED This case stems from evidence obtained during a traffic investigation of a faulty turn signal and failure to maintain a lane. The officer delayed completing the traffic investigation in order to ask the Petitioner whether he had any counterfeit shoes, purses, shirts, pirated CD’s, pirated DVD’s, illegal alcohol, marijuana, cocaine, meth, heroin, ecstasy, or dead bodies in his car — questions not justified by reasonable suspicion, and that the officer admitted were irrelevant to the traffic investigation. The Eleventh Circuit found the prolongation of the traffic stop violated Rodriguez v. United States, 135 S.Ct. 1609 (2015), but it applied the good faith exception to the exclusionary rule, finding a reasonable officer could have relied on its decision in United States v. Griffin, 696 F.3d 1354 (11th Cir. 2012) to authorize the prolongation. The question presented is: whether the exclusionary rule should apply when the only precedent the officer could rely on was not directly on point, explicitly rejected a bright-line rule pre-authorizing the seizure in favor of a totality of the circumstances analysis, and was out of step with this Court’s prior and subsequent decisions governing the seizure. i

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-11-01
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-18
Waiver of right of respondent United States to respond filed.
2019-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2019)
2019-04-08
Application (18A1033) granted by Justice Thomas extending the time to file until June 7, 2019.
2019-04-04
Application (18A1033) to extend the time to file a petition for a writ of certiorari from April 8, 2019 to June 7, 2019, submitted to Justice Thomas.

Attorneys

Erickson Campbell
Jonathan DodsonFederal Defenders of the Middle District of Georgia, Inc., Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent