No. 20-6960

DeAndre McMichaels v. Illinois

Lower Court: Illinois
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment 4th-amendment concealed-carry fourth-amendment law-enforcement public-carry reasonable-suspicion search-and-seizure terry-stop terry-v-ohio
Key Terms:
FourthAmendment SecondAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether an officer's belief that a person is armed allows the officer to infer for purposes of a Terry search that the person is 'presently dangerous' and thus subject to seizure

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). This question presented in this case is: In a state that permits residents to legally carry concealed firearms while in public, whether or under what circumstances an officer’s belief that a person is armed allows the officer to infer for purposes of a Terry search that the person is “presently dangerous” and thus subject to seizure? i

Docket Entries

2021-02-22
Petition DENIED.
2021-02-04
DISTRIBUTED for Conference of 2/19/2021.
2021-01-29
Waiver of right of respondent Illinois to respond filed.
2021-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

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