No. 19-7716

Timmy Wallace v. United States

Lower Court: Second Circuit
Docketed: 2020-02-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment database-search fourth-amendment police-database reasonable-suspicion rodriguez-precedent rodriguez-v-united-states search-and-seizure traffic-stop vehicle-identification
Key Terms:
Arbitration FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Does Rodriguez v. United States, 135 S. Ct. 1609 (2015) permit a traffic stop to be extended based on a suspicion that had already been dispelled by police database checks and searches?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does Rodriguez v. United States, 135 S. Ct. 1609 (2015) permit a traffic stop to be extended based on a suspicion that had already been dispelled by police database checks and searches? Zs Is the theoretical possibility of a “VIN swap” a valid basis to extend a traffic stop in the absence of evidence that the VIN has in fact been tampered with, and is examination of a non-public VIN an extension of a traffic stop where the public VIN is visible and intact, see United States v. Caro, 248 F.3d 1240, 1246 (10th Cir. 2001)? 3. May officers extend a traffic stop by claiming ignorance of a database search that the record shows was run by one of the officers on the scene?

Docket Entries

2020-05-18
Rehearing DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-04-14
Petition for Rehearing filed.
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-27
Waiver of right of respondent United States of America to respond filed.
2020-02-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Timmy Wallace
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner
Jonathan I. EdelsteinEdelstein & Grossman, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent