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
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (from Petition)

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?

2. 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?

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?

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
United States of America
Noel J. FranciscoSolicitor General, Respondent