No. 20-5843

Courtney C. Brown v. Wisconsin

Lower Court: Wisconsin
Docketed: 2020-09-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment constitutional-rights fourth-amendment police-authority reasonable-suspicion rodriguez-v-us search search-and-seizure totality-of-circumstances traffic-stop
Key Terms:
AdministrativeLaw FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2020-11-20
Question Presented (AI Summary)

Should the Court reverse Pennsylvania v. Mimms?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should the Court reverse Pennsylvania v. Mimms, 434 U.S. 106, 109-10 (1977), wherein, based on “the inordinate risk confronting an officer as he approaches a person seated in an automobile” and “de minimis” nature of an intrusion which “hardly rises to the level of a ‘petty indignity,” the Court announced a blanket rule permitting officers to conduct a search by ordering a person from his or her car during a routine traffic stop without a reasonable articulable investigative or policing purpose or suspicion the person is armed or dangerous? 2. May an officer extend a stop by ordering a person from their car on the basis of Mimms after the mission of the stop has, or should reasonably have, been completed, in seeming violation of Rodriguez v. U.S., 575 U.S. 348 (2015)? ii

Docket Entries

2020-11-23
Petition DENIED.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-10-29
Waiver of right of respondent Wisconsin to respond filed.
2020-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 29, 2020)

Attorneys

Courtney C. Brown
Andrew Robert HinkelWisconsin State Public Defender, Petitioner
Wisconsin
Michael Charles SandersState of Wisconsin Department of Justice, Respondent