No. 19-814

Tony Deshawn McCoy v. United States

Lower Court: Fourth Circuit
Docketed: 2019-12-27
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: armed-and-dangerous fourth-amendment law-enforcement-discretion marijuana-possession probable-cause reasonable-suspicion search-and-seizure terry-stop terry-v-ohio
Key Terms:
AdministrativeLaw FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether officers can presume that a person is 'armed and presently dangerous' simply because the person possesses any amount of marijuana, however small

Question Presented (OCR Extract)

QUESTION PRESENTED Under Terry v. Ohio, 392 U.S. 1 (1968), the Fourth Amendment permits officers to search a person they have lawfully stopped only if they have specific and articulable reason to believe that person is “armed and presently dangerous.” Jd. at 30. The question presented is: Whether officers can presume that a person is “armed and presently dangerous” simply because the person possesses any amount of marijuana, however small.

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-09
Reply of petitioner Tony Deshawn McCoy filed. (Distributed)
2020-05-20
Motion to delay distribution of the petition for a writ certiorari until June 9, 2020, granted.
2020-05-19
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from June 2, 2020 to June 9, 2020, submitted to The Clerk.
2020-05-14
Brief of respondent United States in opposition filed.
2020-03-13
Motion to extend the time to file a response is granted and the time is further extended to and including May 14, 2020.
2020-03-12
Motion to extend the time to file a response from March 27, 2020 to May 14, 2020, submitted to The Clerk.
2020-02-14
Motion to extend the time to file a response is granted and the time is further extended to and including March 27, 2020.
2020-02-13
Motion to extend the time to file a response from February 26, 2020 to March 27, 2020, submitted to The Clerk.
2020-01-27
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2020-01-22
Motion to extend the time to file a response is granted and the time is extended to and including February 26, 2020.
2020-01-21
Motion to extend the time to file a response from January 27, 2020 to February 26, 2020, submitted to The Clerk.
2019-12-26
Petition for a writ of certiorari filed. (Response due January 27, 2020)
2019-11-12
Application (19A514) granted by The Chief Justice extending the time to file until December 26, 2019.
2019-11-06
Application (19A514) to extend the time to file a petition for a writ of certiorari from November 24, 2019 to December 26, 2019, submitted to The Chief Justice.

Attorneys

National Association of Criminal Defense Lawyers
John Wesley Hall Jr. — Amicus
John Wesley Hall Jr. — Amicus
Tony Deshawn McCoy
Pamela Susan Karlan — Petitioner
Pamela Susan Karlan — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent