No. 20-1745
Richard Sylvester v. United States
Tags: 4th-amendment burden-of-proof community-caretaking fourth-amendment investigatory-motive law-enforcement-procedure police-policy probable-cause subjective-intent totality-of-circumstances vehicle-impound vehicle-impoundment
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference:
2021-10-15
Question Presented (AI Summary)
whether-vehicle-impound-complies-with-4th-amendment
Question Presented (from Petition)
QUESTIONS PRESENTED 1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and procedures, if they exist? 2. In order for a vehicle impound to be consonant with the Fourth Amendment, may an officer have an investigatory motive when impounding the vehicle? 3. Which party has the burden of establishing a police officer’s subjective intent, and may the officer’s subjective intent be inferred from the totality of the circumstances? 1
Docket Entries
2021-10-18
Petition DENIED.
2021-09-29
DISTRIBUTED for Conference of 10/15/2021.
2021-09-15
Brief of respondent United States in opposition filed.
2021-08-10
Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2021.
2021-08-09
Motion to extend the time to file a response from August 16, 2021 to September 15, 2021, submitted to The Clerk.
2021-07-08
Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2021.
2021-07-07
Motion to extend the time to file a response from July 16, 2021 to August 16, 2021, submitted to The Clerk.
2021-06-09
Petition for a writ of certiorari filed. (Response due July 16, 2021)
Attorneys
Richard Sylvester
Jamesa J. Drake — Drake Law LLC, Petitioner
Jamesa J. Drake — Drake Law LLC, Petitioner
United States of America
Brian H. Fletcher — Acting Solicitor General, Respondent
Brian H. Fletcher — Acting Solicitor General, Respondent