No. 20-7187

Haseeb Malik v. United States

Lower Court: Ninth Circuit
Docketed: 2021-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment constitutional-rights fourth-amendment law-enforcement marijuana-legalization probable-cause search-and-seizure state-law-enforcement vehicle-search
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Does the Fourth Amendment prohibit local state law enforcement from searching a vehicle to look for a personal use amount of marijuana in states where recreational marijuana is legal?

Question Presented (OCR Extract)

Question Presented for Review Probable cause requires facts and circumstances within an officer’s knowledge establishing a fair probability that contraband or evidence of a crime will be found in the particular place to be searched. Florida v. Harris, 568 U.S. 1050, 1055 (2013); Brinegar v. United States, 338 U.S. 160, 175-76, (1949); Carroll v. United States, 267 U.S. 132, 162 (1925). In states where recreational marijuana is legal in personal use amounts, does the Fourth Amendment prohibit local state law enforcement from searching a vehicle to look for a personal use amount? ii List of Proceedings 1. The district court granted Petitioner Hasib Malik’s motion to suppress on May 10, 2019, United States v. Haseeb Malik, Case No. Dkt. 57 (D. Nev.). App. A. 2. The Ninth Circuit Court of Appeals reversed on July 6, 2020, United States v. Malik, 963 F.3d 1014 (9th Cir. 2020). App. B. 3. The Ninth Circuit Court of Appeals denied rehearing en banc on October 15, 2020, United States v. Haseeb Malik, Case No. 19-10166, Dkt. 69 (9th Cir.). App C. 4. Codefendant Abdul Majid filed a petition for writ of certiorari with this Court on January 21, 2021, which has been distributed for conference of February 19, 2021. Majid v. United States, 20-6827 (U.S.). iii

Docket Entries

2021-03-22
Petition DENIED.
2021-03-04
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent United States of America to respond filed.
2021-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2021)

Attorneys

Haseeb Malik
Cristen ThayerFederal Public Defender, District of Nevada, Petitioner
United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent