Michigan v. Anthony Michael Owen
FourthAmendment DueProcess CriminalProcedure
Should this Court resolve a split on whether Heien v. North Carolina applies to situations where the law is clear but the circumstances make applying it uncertain
QUESTION PRESENTED Respondent was stopped for speeding in a residential street within the village, on a road with a 25 MPH sign going the other way, where almost all the rest of the village has 25 MPH signs. Five months later, the parties determined that state law set the speed limit at 55 MPH because the village had not modified the speed limit in the manner as then required by state law. The question is: Should this Court resolve a split on whether Heien v. North Carolina, 574 U.S. 54 (2014), applies to situations where the law (once discovered) is clear but the circumstances make applying it uncertain; or, put another way, should the exclusionary rule apply in this situation where there is no deliberate, reckless, or grossly negligent police conduct? PETITION FOR WRIT OF CERTIORARI II LOWER COURT PROCEEDINGS Number Judgment Court 8t Circuit 15-H-31675| Order Granting Application for Leave 1/19/16 Court AR to Appeal to Circuit Court and Remanding for Evidentiary Hearing Court Court AR Court Dismissing Case Court AR Court Evidentiary Hearing 8th Circuit 15-H-31675| Order Vacating District Court 2/22/17 Court AR Suppression and Remanding to District Court Court Proceedings Pending Appeal Appeals Denied Court Appeals Denied Court for reconsideration Appeals Court Application for Leave to Appeal Court to Appeal PETITION FOR WRIT OF CERTIORARI I