No. 21-5835

Guillermo Gonzalez-Zea v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-09-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights identity immigration investigative-stop reasonable-suspicion terry-v-ohio
Key Terms:
SocialSecurity FourthAmendment CriminalProcedure Immigration Privacy
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether the Eleventh Circuit's reasonable suspicion determination can be reconciled with Terry v. Ohio

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the totality of the circumstances, the officers have a particularized and objective basis for suspecting the particular person stopped of criminal activity. In the opinion below, the Eleventh Circuit determined that a Terry stop of any male individual leaving a particular residence was justified because a shared social security number at one point used by an ICE fugitive had been associated with that address more than eight months previously. Can the Eleventh Circuit’s reasonable suspicion determination be reconciled with Terry and its progeny? II. In Rodriguez v. United States, 135 S. Ct. 1609, 1614 (2015), this Court held that the scope of a Terry stop “must be carefully tailored to its underlying justification,” and the stop may “last no longer than is necessary” to complete its mission. In this case, the deportation officers were not looking for the defendant for any reason, and the sole justification for the Terry stop was to ascertain whether the defendant was a different individual sought by ICE. As the Tenth Circuit has held, does reasonable suspicion supporting the Terry stop evaporate once an objectively reasonable officer would have been able to determine that the two men were physically dissimilar? Or as the Eleventh Circuit determined in the opinion below, may the deportation officers ii require the defendant to produce multiple forms of identification and answer questions proving his identity? iii

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-20
Waiver of right of respondent United States to respond filed.
2021-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2021)

Attorneys

Guillermo Gonzalez-Zea
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
Mackenzie S LundFederal Defenders- Middle District of Alabama, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent