No. 20-6142

Steven Spain v. Illinois

Lower Court: Illinois
Docketed: 2020-10-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment 4th-amendment civil-rights due-process fourth-amendment gun-rights law-enforcement probable-cause reasonable-suspicion second-amendment terry-v-ohio
Key Terms:
FourthAmendment SecondAmendment
Latest Conference: 2020-12-11
Question Presented (AI Summary)

In a state that allows residents to carry a firearm in public, is it reasonable under the Fourth Amendment to stop and arrest someone for carrying a firearm without first asking or otherwise investigating whether they have a license to carry the firearm?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In the wake of McDonald v. City of Chicago, 561 U.S. 742 (2010), jurisdictions throughout the nation have recognized the breadth and importance of the Second Amendment right to bear arms. Many states now allow some form of public carry of firearms, sometimes in conjunction with a license and registration requirement. The Fourth Amendment requires reasonable suspicion or probable cause that a person is involved in criminal activity before they can be detained by police. Terry v. Ohio, 392 U.S. 1 (1968). The question presented is: In a state that allows residents to carry a firearm in public, is it reasonable under the Fourth Amendment to stop and arrest someone for carrying a firearm without first asking or otherwise investigating whether they have a license to carry the firearm? i

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-11-19
Waiver of right of respondent Illinois to respond filed.
2020-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2020)

Attorneys

Illinois
Michael Marc Glick — Respondent
Michael Marc Glick — Respondent
Steven Spain
Douglas Robert HoffOffice of the State Appellate Defender, Petitioner
Douglas Robert HoffOffice of the State Appellate Defender, Petitioner