No. 19-7370

Mario Alberto Buenrostro-Lopez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment anonymous-tip border-patrol border-security civil-rights criminal-activity criminal-procedure due-process fourth-amendment investigatory-stop reasonable-suspicion vehicle-stop
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether an individual's telephone call to law enforcement is sufficient to establish reasonable suspicion for an investigatory stop

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether an individual’s telephone call to law enforcement, in which he stated that a person was picked up by vehicle in an area known for alien smuggling, is sufficient to establish reasonable suspicion for an investigatory stop of a vehicle matching the caller’s description even though the caller did not provide: (1) his name or contact number, nor call on a 911 emergency line that enabled tracing; (2) any information that suggested the person being picked up was an undocumented alien, or had just recently unlawfully crossed the border into the United States; or (3) any predictive information that would support that the caller knew the driver of the truck or the individual picked up were engaged in criminal activity? i STATEMENT OF RELATED CASES United States v. Mario Buenrostro-Lopez, No. 3:17-cr-3825-JAH-1, United States District Court for the Southern District of California. District court proceeding in which Petitioner was convicted of offense related to this petition. Judgment was entered on August 16, 2018. United States v. Mario Buenrostro-Lopez, No. 18-50273, United States Court of Appeals for the Ninth Circuit. Direct appeal deciding issue raised in this petition. Judgment was entered on October 25, 2019. ii

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Waiver of right of respondent United States to respond filed.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2020)

Attorneys

Mario Buenrostro-Lopez
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent