No. 19-5347

Joshua Frederick Davis v. United States

Lower Court: Fourth Circuit
Docketed: 2019-07-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights dog-sniff due-process probable-cause reasonable-suspicion search-and-seizure terry-stop traffic-stop
Key Terms:
Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Court should revisit Florida v. Harris to clarify what the dog's 'alert' means and whether the dog is trained to display an alert for any untrained behavior the handler chooses to subjectively identify as an alert, and to resolve a split among the Circuits and lower courts

Question Presented (OCR Extract)

QUESTION(S) PRESENTED lacife wh Al dhce Honorable Court revisit Florida Ve Haris to clarity whot the Oui tos Be arecty: 00'S | LERT"? Is THE Do's ALERT Te ihtotoe thet! the doy is TRAENED “fo display when it stalls nosce tt or any UNTRAZNED “behavior He handler chooses to subjectively idewbity Gs ant alert? And to resolve @ split concerning this issue among the Circuts and Yuic lower courts. @ dees an Uncorrobecoted anonymous tip and contradicted necvous behavior we cise to reasonable Suspicion to extend ew tric stop and wait for Peck ue to arrive to conduct an “INTERDICTION TO ? (©) At whet point does a Terry Frisk go beyond its Scope and become o Probable cause search for evidence ofa Crime? Can an officer performing, Q search for Weapons otder the citizen heing searched to remove NONCONTRABAND items from the citizens pockets? And Does an officer demanding a Citizen to Open their Mouth For the Purpose of te officer to ; jook for ‘de ugs exceed the Scopes of lerty andl Dickerson? ; Can ufactuced Reasonable Suspicion be used to extend a treffic Stop ® +o conduct a dey snifl in the face of contradicting evidence’ Ls an Officers subjective geod faith alone the standard for reasonable Suspicion? ) Did te 4's UNTRAIN EHAVIOR amount to probable Couse or mere reasonable suspicion Can the dog's handler Pick and choose which behaviors Aameunt to probable couse’ . Can an offi fam @ second search of a citizens son odter @ exceeding the scopl of the first searcht At what point Ses a citizen that is detained loecome arrested and does that arrest have to be Supported ly ewidence of a crime or can the officer use the Fruits of dhe! search incident fo @a thot arrest as the basis for the arrest? Can the reason of such arrest be Something the citizen wasnt ever charged with? | . { :

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-02
Waiver of right of respondent United States to respond filed.
2019-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2019)
2019-05-10
Application (18A1154) granted by The Chief Justice extending the time to file until June 30, 2019.
2019-04-29
Application (18A1154) to extend the time to file a petition for a writ of certiorari from June 16, 2019 to June 30, 2019, submitted to The Chief Justice.

Attorneys

Joshua Frederick Davis
Joshua Frederick Davis — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent