No. 20-1082

Raymond Gardner v. Matthew T. Mglej

Lower Court: Tenth Circuit
Docketed: 2021-02-08
Status: Denied
Type: Paid
Tags: civil-rights constitutional-rights fourth-amendment fourth-amendment-search identification identification-statute law-enforcement qualified-immunity terry-stop
Key Terms:
SocialSecurity FourthAmendment DueProcess CriminalProcedure Punishment Privacy
Latest Conference: 2021-04-16
Question Presented (AI Summary)

Whether it was clearly established in 2011 that an arrest under Utah Code Section 76-8-301.5() for refusal to hand over an identification document violates the Fourth Amendment

Question Presented (OCR Extract)

QUESTION PRESENTED In 2008, Utah passed a failure-to-identify statute, Utah Code Ann. § 76-8-301.5(1), which made it a crime for a person subject to a Terry stop to refuse to disclose his name when asked to do so by a police officer. In 2011, the petitioner arrested the respondent for failure to identify himself when he refused to hand over identification during a Terry stop. At the time, no court had interpreted 76-8-301.5(1) to answer whether the requirement that a person must state his name was violated when a person declined to hand over an identification document. The question presented is: “Whether it was clearly established in 2011 that an arrest under Utah Code Section 76-8-301.5() for refusal to hand over an identification document violates the Fourth Amendment.”

Docket Entries

2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-24
Reply of petitioner Raymond Gardner submitted.
2021-03-09
Brief of respondent Matthew T. Mglej in opposition filed.
2021-01-28
Petition for a writ of certiorari filed. (Response due March 10, 2021)

Attorneys

Matthew T. Mglej
Andrew Martin JacobsSnell & Wilmer LLP, Respondent
Raymond Gardner
Frank D. MylarMylar Law, P.C., Petitioner