Shane LaGrange v. United States
CriminalProcedure
Whether the Fourth Amendment permits reasonable suspicion for a traffic stop based on facts the officers did not believe created reasonable suspicion
QUESTION PRESENTED I. WHETHER THE EIGHTH CIRCUIT IMPROPERLY CONCLUDED THAT THE FOURTH AMENDMENT PERMITS THE COURT TO FIND THAT REASONABLE SUSPICION FOR A TRAFFIC STOP EXISTED BASED ON FACTS THAT THE OFFICERS INVOLVED DID NOT BELIEVE CREATED REASONABLE SUSPICION? i TABLE OF CONTENT: CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED.026.2 L THE EIGHTH CIRCUIT ERRED IN FINDING THAT REASONABLE SUSPICION TO BELIEVE THAT MR. LAGRANGE WAS IN POSSESSION OF A FIREARM EXISTED BASED ON INFORMATION THAT THE OFFICERS INVOLVED DID NOT BELIEVE CREATED REASONABLE ii PETITION FOR WRIT OF CERTIORARI The Petitioner, Shane LaGrange, respectfully requests that a writ of certiorari issue to review the Judgment of the United States Court of Appeals for the Eighth Circuit in this matter. OPINION BELOW On December 9, 2020, the United States Court of Appeals for the Eighth Circuit entered its Opinion and Judgment, App. 1, 7, affirming the June 20, 2019, Judgment and sentence of the United States District Court for the Northern . District of Iowa. JURISDICTION The Eighth Circuit’s jurisdiction was based on 28 U.S.C. § 1291. Jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1). The Eighth Circuit filed its Opinion and Judgment on December 9, 2020. App. 1, 7. Mr. LaGrange filed a timely Petition for Rehearing and Rehearing En Banc on December 23, 2020. The Eighth Circuit summarily denied that Petition on January 20, 2021. This Petition for Writ of Certiorari is timely filed within one hundredfifty (150) days of the filing of the Eighth Circuit’s denial of Mr. LaGrange's Petition for Rehearing and Rehearing En Banc.' "The deadline for filing a Petition for Writ of Certiorari was extended to 150 days by this Court's Order of March 19, 2020. 1 CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Constitution of the United States, Fourth Amendment 2