No. 20-7119

Javier Alejandro Moline-Borroto v. United States

Lower Court: Fifth Circuit
Docketed: 2021-02-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 5th-amendment checkpoint-seizure civil-rights due-process fourth-amendment investigatory-encounter prolonged-detention reasonable-suspicion search-and-seizure terry-stop terry-v-ohio
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether the lower courts erred by finding that the officer had reasonable suspicion to transform a suspicionless checkpoint seizure into a prolonged investigatory encounter

Question Presented (OCR Extract)

QUESTION PRESENTED The issue in this case is based upon an encounter between Mr. Moline and highway patrol officers that occurred at a driver’s license checkpoint. Mr. Moline and his two traveling companions, both of whom were seated in the back of the vehicle, arrived at the checkpoint shortly after midnight. The checkpoint had not been active for very long, and the few vehicles that had come through had been allowed to pass on after quick checks of driver’s licenses. Mr. Moline’s encounter, however, was quite different. The trooper seized not only Mr. Moline’s valid driver’s license, but the identifications of his two travel companions as well, and engaged in extended interrogation of them; unlike the seven vehicles that came before him. Mr. Moline was ordered out of the vehicle, a narcoticssniffing dog was brought to the scene, and the officers eventually searched the vehicle. The focus of this petition is the very brief window of time immediately following the vehicle’s arrival at the driver’s license checkpoint, well before the dog arrived. This petition presents a straightforward case for certiorari review. The question presented is whether the lower courts erred by finding that the officer had reasonable suspicion to transform a suspicionless checkpoint seizure into a prolonged investigatory encounter. Mr. Moline asks this Court to grant review to clarify and reaffirm Terry v. Ohio, 392 U.S. 1 (1968) and Rodriguez v. United States, 575 U.S. 348 (2015) at suspicionless seizures. i

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent United States to respond filed.
2020-02-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 15, 2021)

Attorneys

Javier Alejandro Moline-Borroto, et al.
Michael Scott DavisFederal Public Defender's Office, Petitioner
Michael Scott DavisFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent