No. 21-5528

Gabriel Samar Martinez v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: can give rise to reasonable suspicion to justify standing alone 4th-amendment 4th-amendment-jurisprudence anonymous-tip corroboration fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure terry-stop vehicle-stop
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether an uncorroborated anonymous tip, standing alone, can give rise to reasonable suspicion to justify a seizure

Question Presented (OCR Extract)

QUESTION PRESENTED Law enforcement stopped the Petitioner based on a brief, uncorroborated tip from an anonymous motorist that the person in a white vehicle had pointed a gun at him. Rather than pull over to speak with law enforcement, the motorist drove off, leaving officers with absolutely no information that would permit them to identify, contact, or track down the motorist. The motorist’s tip did not report an “ongoing” crime, like drunk driving, nor did it involve a 911 call system or other technology that would provide “safeguards against making false reports with immunity.” Navarette v. California, 572 U.S. 393, 400, 402 (2014). The only corroboration of the barebones tip—the description of the vehicle—was the type rejected by this Court in Florida v. J.L.: corroboration of innocent, readily observable information that tends to identify a particular person but fails to bolster the reliability of the tip in its assertion of illegality. Florida v. J.L., 529 U.S. 266, 272 (2000). As a result, the tip failed to establish reasonable suspicion, and the seizure was unlawful. The Eleventh Circuit, however, held differently below, putting it at odds with this Court’s Fourth Amendment jurisprudence. The question presented is: Whether an uncorroborated anonymous tip, standing alone, can give rise to reasonable suspicion to justify a seizure. ‘

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent United States Of America to respond filed.
2021-08-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

Gabriel Martinez
Kate TaylorOffice of the Federal Public Defender, Petitioner
United States Of America
Brian H. FletcherActing Solicitor General, Respondent