No. 20-733

Terrill A. Rickmon, Sr. v. United States

Lower Court: Seventh Circuit
Docketed: 2020-11-25
Status: Denied
Type: Paid
Tags: 4th-amendment circuit-split due-process emergency-exception fourth-amendment individualized-suspicion reasonable-suspicion terry-stop terry-v-ohio
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2021-04-01
Question Presented (AI Summary)

Does the sound of gunshots create an emergency so that the 'individualized suspicion' required by Terry attaches to anyone near the shots?

Question Presented (OCR Extract)

QUESTION PRESENTED The Court has long recognized that without a warrant, police must have an “individualized suspicion” to stop a particular person. This is the familiar standard established in Terry v. Ohio, 392 U.S. 1, 21 (1968). Earlier this year, the District of Columbia Circuit and a divided en banc court of the Fourth Circuit ruled that the sound of gunshots were insufficient grounds to stop anyone nearby. In this case, however, a divided panel of the Seventh Circuit concluded that the sound of gunshots created an “emergency” that justified stopping the first car that the police spotted leaving the area. This question is presented for review: Does the sound of gunshots create an emergency so that the “individualized suspicion” required by Terry attaches to anyone near the shots? ii RELATED CASES United States v. Rickmon, No. 18-CR-10046, United States District Court for the Central District of Illinois. Judgment entered on May 31, 2019. United States v. Rickmon, No. 19-2054, United States Court of Appeals for the Seventh Circuit. Judgment entered on March 11, 2020.

Docket Entries

2021-04-05
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-11
Reply of petitioner Terrill A. Rickmon, Sr. filed.
2021-02-26
Brief of respondent United States in opposition filed.
2021-01-13
Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2021.
2021-01-12
Motion to extend the time to file a response from January 27, 2021 to February 26, 2021, submitted to The Clerk.
2020-12-22
Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2021.
2020-12-20
Motion to extend the time to file a response from December 28, 2020 to January 27, 2021, submitted to The Clerk.
2020-11-20
Petition for a writ of certiorari filed. (Response due December 28, 2020)

Attorneys

Terrill A. Rickmon, Sr.
Luke Verrill CassQuarles & Brady LLP, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent