No. 20-5476

Derek Tyler Horton v. Alabama

Lower Court: Alabama
Docketed: 2020-08-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights constitutional-rights duty-to-investigate fourth-amendment law-enforcement lawful-arrest pretext pretextual-arrest probable-cause warrant-validity
Key Terms:
FourthAmendment
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry

Question Presented (from Petition)

QUESTION(S) PRESENTED 1.) Whether a police officer's reason for acting, in at least some circumstances, should factor into the Fourth Amendment inquiry?* 2.) Whether the State of Alabama erred in adopting and applying what is known as the “could have” test to evidence that was seized as a part of a pretextual arrest? 3.) Whether an officer has a duty to investigate further when circumstances suggest that probable cause may, in fact, not even exist contrary to first impressions? 4.) Whether an arrest can still be considered “lawful” if there are circumstances that vitiate the probable cause used to obtain the warrant? * This central question is asked verbatim by Justice Ginsburg in WESBY, infra, and she specifically suggest that this question should be addressed by the Court.

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-23
Waiver of right of respondent Alabama to respond filed.
2020-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)

Attorneys

Alabama
Beth Slate PoeAL Attorney General's Office, Respondent
Beth Slate PoeAL Attorney General's Office, Respondent
Derek Tyler Horton
Derek Tyler Horton — Petitioner
Derek Tyler Horton — Petitioner