No. 20-6090

Reginald Ferguson v. United States

Lower Court: Sixth Circuit
Docketed: 2020-10-21
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony
Key Terms:
AdministrativeLaw DueProcess FifthAmendment Privacy
Latest Conference: 2021-06-17 (distributed 2 times)
Question Presented (AI Summary)

Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is it clear anywhere in the record?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR THIS HONORABLE COURT'S REVIEW Rn 1.] Can a court determine that an encounter was initially consensual when the _. officer testified that he did not remember how it was initiated, nor is it clear anywhere in the record? 2.] Cana finding of reasonable suspicion or probable cause be supported by a materially false statement that conceals that an individual's conduct could have been legal? . , . ‘Testineyy 3.] Can reasonable suspicion or probable cause be supported by testing that clearly — expresses an inaccurate knowledge of a law contrary to unambiguous state law? 4.| Is there a firearm exception to the Terry rule in a state that permits open and.concealed carry of firearms and expressly has forbade contrary enforcement ' by local police? , 5.] Does mere presence of a possible firearm give police the right to pull out their guns and arrest a law abiding citizen without evidence of criminality or dangerousness? 6.] Can a person be denied plain error review on prosecutoral misconduct claim when the false statement was the sole statement to establish reasonable suspicion and probable cause? 7.] Do standards of review really matter? 8.] . Can a court offer a post hoc reason for suspicion on review not put forward by the government contrary to the testimony of the officers? 9.] Does.a grand jury allege criminal conduct when it alleges 922(g). without the knowledge of status element required by congress for a conviction pursuant to Rehaif v. United States? . 10.] If a person pleads to an indictment that cites 922(g) but the grand jury . fails to allege the offense as required by United States v. Rehaif, and the person is imprisoned are they not imprisoned for innocent behavior? 11.] Can 922(g) arid 924(A)(2) be considered unconstitutionally vague when 922(g) reads as a strict liability offense, possessing no scienter and 924(A)(2) can be read to apply to 922(g) at least 4 different ways? 12.] 1£ a person has to look to court rulings to see how a criminal statute 922(g) and 924(A)(2) applies because the way it reads is inapplicable, can it give fair notice and not violate the separation of powers when its application , is dictated by the courts and not the text of the statute?

Docket Entries

2021-06-21
Petition DENIED.
2021-06-16
Supplemental brief of petitioner filed.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-01-07
DISTRIBUTED for Conference of 1/22/2021.
2020-12-21
Memorandum of respondent United States filed.
2020-11-16
Motion to extend the time to file a response is granted and the time is extended to and including December 21, 2020.
2020-11-13
Motion to extend the time to file a response from November 20, 2020 to December 21, 2020, submitted to The Clerk.
2020-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2020)

Attorneys

Reginald Ferguson
Reginald Ferguson — Petitioner
Reginald Ferguson — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent