No. 19-7490

Omar Ernesto Hernandez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment appeal conclusory-statements criminal-procedure fourth-amendment human-smuggling investigatory-stop law-enforcement law-enforcement-database reasonable-suspicion
Key Terms:
CriminalProcedure
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Whether the district court and Ninth Circuit erred in relying on factually unsupported statements in determining reasonable suspicion for an investigatory stop

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether, in determining that there was reasonable suspicion for an investigatory stop, the district court and Ninth Circuit erred by relying on factually unsupported, conclusory statements in a law enforcement database stating that Petitioner and his car were suspected of being involved in human smuggling? i STATEMENT OF RELATED CASES United States v. Omar Ernesto Hernandez, No. 5:17-cr-0166-PSG-1, United States District Court for the Central District of California. District court proceeding in which Petitioner was convicted of offense related to this petition. Judgment was entered on August 27, 2018. United States v. Omar Ernesto Hernandez, No. 18-50305, United States Court of Appeals for the Ninth Circuit. Direct appeal deciding issue raised in this petition. Judgment was entered on November 12, 2019. ii

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-10
Waiver of right of respondent United States to respond filed.
2020-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 2, 2020)

Attorneys

Omar Ernesto Hernandez
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
Todd W. BurnsBurns and Cohan, Attorneys at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent