No. 20-6472

Raquel Cortez v. United States

Lower Court: Tenth Circuit
Docketed: 2020-12-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment border-patrol civil-rights due-process fourth-amendment law-enforcement reasonable-suspicion search-and-seizure traffic-stop
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Whether the same rule applies when an officer extends a traffic stop to allow border patrol agents to arrive without reasonable suspicion or other lawful justification

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has held that held that the use of a drug-detention canine unit after the completion of an otherwise lawful traffic stop exceeded the time needed to handle the matter for which the stop was made violated the Fourth Amendment’s prohibition against unreasonable searches and seizures. Rodriguez v. United States, 575 U.S. 348 (2015). The mission of the stop determines its allowable duration and the authority for the stop ends when the mission has been accomplished. Jd. This case poses the question of whether the same rule applies when an officer extends the stop to allow border patrol agents to arrive without reasonable suspicion or other lawful justification. i

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-17
Waiver of right of respondent United States of America to respond filed.
2020-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2020)

Attorneys

Raquel Cortez
Daniel Noah RubinFederal Public Defender District of New Mexico, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent