No. 19-7221

Anthony Gray v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment 4th-amendment,probable-cause,search-and-seizure,ma marijuana probable-cause recreational-marijuana search-and-seizure vehicle-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Does the faint smell of marijuana in a car, alone, give local police probable cause to search the car for contraband under the Fourth Amendment?

Question Presented (OCR Extract)

Questions Presented for Review Probable cause requires facts and circumstances within an officer’s knowledge establishing a fair probability that contraband or evidence of a crime will be found in the particular place to be searched. Florida v. Harris, 568 U.S. 1050, 1055 (2013); Brinegar v. United States, 338 U.S. 160, 175-76, (1949); Carroll v. United States, 267 U.S. 132, 162 (1925). Ina state that has legalized recreational marijuana: I. Does the faint smell of marijuana in a car, alone, give local police probable cause to search the car for contraband under the Fourth Amendment? Il. Is the sniff of a K-9 trained to detect marijuana in a recreational-use state a search within the meaning of the Fourth Amendment requiring probable cause? i

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-15
Waiver of right of respondent United States of America to respond filed.
2020-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Anthony Gray
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
Amy B. ClearyFederal Public Defender, District of Nevada, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent