No. 19-5600

Rafael Tello v. United States

Lower Court: Fifth Circuit
Docketed: 2019-08-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment border-patrol canine-sniff fourth-amendment free-air-sniff immigration-checkpoint martinez-fuerte-standard reasonable-suspicion search-and-seizure united-states-v-martinez-fuerte
Key Terms:
FourthAmendment CriminalProcedure Immigration Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

May a Border Patrol agent working in the primary inspection lane of an interior immigration checkpoint extend the immigration stop beyond the 'brief question or two and possibly the production of a document evidencing the right to be in the United States' permitted by United States v. Martinez-Fuerte, 428 U.S. 543, 558 (1976), without reasonable suspicion of an immigration violation or other crime, to allow time for a Border Patrol service canine to complete a free-air sniff of the vehicle?

Question Presented (OCR Extract)

QUESTION PRESENTED This petition presents the following important question of federal law, on which the United States courts of appeals are split, that should be settled by the Court at this time: May a Border Patrol agent working in the primary inspection lane of an interior immigration checkpoint extend the immigration stop beyond the “brief question or two and possibly the production of a document evidencing the right to be in the United States” permitted by United States v. Martinez-Fuerte, 428 U.S. 543, 558 (1976), without reasonable suspicion of an immigration violation or other crime, to allow time for a Border Patrol service canine to complete a free-air sniff of the vehicle? i

Docket Entries

2019-10-07
Petition DENIED.
2019-08-29
DISTRIBUTED for Conference of 10/1/2019.
2019-08-21
Waiver of right of respondent United States to respond filed.
2019-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Rafael Tello
Scott Andrew MartinFederal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent