No. 20-595

Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett

Lower Court: Eleventh Circuit
Docketed: 2020-11-05
Status: Denied
Type: Paid
Tags: 4th-amendment civil-rights constitutional-reasonableness detention detention-duration due-process dui dui-arrest fourth-amendment law-enforcement probable-cause
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of alcohol or drugs (DUD, especially where the detention is expressly authorized by state statute?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of alcohol or drugs (DUD, especially where the detention is expressly authorized by state statute? 2. When a person is arrested based on probable cause for DUI and the arresting officer initially suspects alcohol as the cause of impairment, does the Fourth Amendment require immediate release of the arrestee upon .000 breathalyzer results for alcohol when results of urinalysis for drugs is not known for weeks? 3. When a person is arrested by a law enforcement officer based on probable cause and the arrestee is taken to jail, does the Fourth Amendment place on jail officials an independent and continuing obligation to reevaluate the arresting officer’s finding of probable cause prior to judicial review of probable cause for continued detention? 4. Must jail officials release an arrestee prior to magistrate review of probable cause when post-arrest evidence shows “beyond a reasonable doubt” that probable cause for continued detention is lacking, as held by the Eleventh and Fifth Circuits, or may the jailer continue to lawfully hold the suspect based on probable cause for the underlying arrest, as held by the Sixth Circuit?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-20
DISTRIBUTED for Conference of 2/19/2021.
2021-01-06
Brief of respondent Seana Barnett in opposition filed.
2020-11-18
Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2021.
2020-11-17
Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk.
2020-10-30
Petition for a writ of certiorari filed. (Response due December 7, 2020)

Attorneys

Dennis Lemma, In His Official Capacity as Sheriff of Seminole County, Fla.
Donald Andrew DeBevoiseDeBevoise & Poulton, P.A., Petitioner
Donald Andrew DeBevoiseDeBevoise & Poulton, P.A., Petitioner
Seana Barnett
Kendra D. PresswoodShankman Leone PA, Respondent
Kendra D. PresswoodShankman Leone PA, Respondent