No. 19-6233

Alshaqah Tariq Powell v. United States

Lower Court: Third Circuit
Docketed: 2019-10-09
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness
Key Terms:
Privacy
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his rights to the 'expectation of privacy' during a detained traffic stop, before being asked to sign a contract form to Search the vehicle? And whether the state trooper's failure to show concern about Petitioner's age, education, or intelligence rendered his consent to search the vehicle involuntarily, and not intelligently given under the Fourth Amendment? And under these circumstances, should this Court decide whether the consent form to search a vehicle is too unconstitutionally vague for a layman person to understand the rights he or she is waiving under the Fourth Amendment?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; The questions important to this case are: : I. Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his rights to the "expectation of privacy" during a detained traffic stop, before being asked to sign a contract form to . Search the vehicle? And whether the state trooper's failure to show concern about Petitioner's age, education, or intelligence rendered his consent to search the vehicle involuntarily, and not intelligently given under the Fourth Amendment? And under these circumstances, should this Court decide whether the consent form to search a vehicle is too unconstitutionally vague for a layman person to understand the rights he or she is waiving under the Fourth Amendment? II. Whether Petitioner's two New Jersey prior state convictions qualify as a "serious drug or controlled substance offenses" under the "categorical apptoach,"' and whether his career offender status is rendered invalid, by — New Jersey statute lacking a mens rea? This question should be held in abeyance until this Court makes a decision in Shular v. United States, 18-6662 (2019). i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-09
Memorandum of respondent United States filed.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2019.
2019-10-31
Motion to extend the time to file a response from November 8, 2019 to December 9, 2019, submitted to The Clerk.
2019-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

Alshaqah Powell
Alshaqah Powell — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent