No. 20-5967

John Elisha Mayville v. United States

Lower Court: Tenth Circuit
Docketed: 2020-10-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-history-check dog-sniff fourth-amendment officer-safety out-of-state-plates reasonable-suspicion tenth-circuit traffic-stop
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-11-06
Question Presented (AI Summary)

Whether an officer can conduct unrelated investigations during a traffic stop

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether an officer can spend his time conducting unrelated investigations, ‘ such as a dog sniff, while he is waiting for the results of a twelve minute criminal history investigation. 2. Whether the Tenth Circuit’s holding, “it is reasonable for officers to run Triple I checks through dispatch as part of a routine traffic stop,” is in conflict : with the list of “ordinary inquiries incident to the traffic stop” that the ; Supreme Court authorized. . 8. Whether a motorist’s out-of-state license plates can give an officer reasonable suspicion to conduct a twelve-minute criminal history investigation during an enforcement project where only out-of-state drivers were stopped. 4. Whether the use of a twelve-minute criminal history check can be justified as a necessary officer safety precaution in the absence of any evidence that the officer was concerned for his safety.

Docket Entries

2020-11-09
Petition DENIED.
2020-10-22
DISTRIBUTED for Conference of 11/6/2020.
2020-10-19
Waiver of right of respondent United States to respond filed.
2020-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

John E. Mayville
John Elisha Mayville — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent