No. 20-8167

Bryan Keith Miller v. United States

Lower Court: Fifth Circuit
Docketed: 2021-06-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment automobile-exception field-testing plain-view probable-cause search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did an officer have probable cause to retrieve and field test a loose substance observed in Mr. Miller's vehicle, under the plain view exception to the Fourth Amendment, absent any circumstances corroborating the officer's suspicion that the substance was contraband?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did an officer have probable cause to retrieve and field test a loose substance observed in Mr. Miller’s vehicle, under the plain view exception to the Fourth Amendment, absent any circumstances corroborating the officer’s suspicion that the substance was contraband? 2. Did officers have probable cause to search Mr. Miller’s vehicle, under the automobile exception, when they similarly lacked circumstances corroborating their suspicion? i

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-09
Waiver of right of respondent United States to respond filed.
2021-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2021)

Attorneys

Bryan Keith Miller
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent