No. 19-7432

Edwin David Calligan v. Indiana

Lower Court: Indiana
Docketed: 2020-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights fourth-amendment michigan-v-long officer-safety protective-sweep reasonable-suspicion search-and-seizure traffic-stop vehicle-search
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-03-06
Question Presented (AI Summary)

Whether officers can reasonably fear a suspect will retrieve a weapon after being told he is free to go

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether this Court should reconsider the reasonableness of its premise in Michigan v. Long, 463 U.S. 1032 (1983), that officers could reasonably fear that after a suspect is told he is free to go and permitted to reenter his automobile he would then retrieve a weapon from the automobile and attack police, when he did not take the opportunity to do so when he was first stopped. 2. Whether, under Michigan v. Long, 463 U.S. 1032 (1983), the possibility that if a suspect is not placed under arrest he will be permitted to reenter his automobile and have access to any weapons inside is a valid justification for a protective sweep of the automobile, when the officer knows at the time of the protective sweep that the suspect will be arrested and will not be permitted to reenter his automobile, even though at the time of the protective sweep the suspect has not yet been placed . under full custodial arrest. a. Undecided Question of Law: Whether the 4th Amendiart allows officers bo le ly Circunvent the “¢ chin distance” rationale as established. in Arizong: Ve cn Lat S.CE.I710 C00’), Hey, officers strategically leas a motorist unrestrained ond netry «vehicle, after a ttlic stop, in ocdler 40 justify the conch of 0 “patectve Sweeps’ under the purview of officer safety.

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-18
Waiver of right of respondent Indiana to respond filed.
2020-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2020)
2019-11-20
Application (19A563) granted by Justice Kavanaugh extending the time to file until January 19, 2020.
2019-11-16
Application (19A563) to extend the time to file a petition for a writ of certiorari from November 20, 2019 to January 19, 2020, submitted to Justice Kavanaugh.

Attorneys

Edwin David Calligan
Edwin D. Calligan — Petitioner
Indiana
Stephen Richard Creason — Respondent