No. 21-6150

Jacques S. Gholston v. United States

Lower Court: Seventh Circuit
Docketed: 2021-11-03
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: constitutional-rights fourth-amendment illinois-v-caballes police-investigation rodriguez-v-united-states time-extension traffic-stop unreasonable-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-03-25 (distributed 2 times)
Question Presented (AI Summary)

Whether a traffic stop unreasonably prolonged beyond the time needed to address the purpose of the stop violates the Fourth Amendment regardless of when, chronologically, the delay occurs?

Question Presented (OCR Extract)

QUESTION PRESENTED In Rodriguez v. United States, 575 U.S. 348, 350 (2015), this Court held that “a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable seizures.” Rodriguez v. United States, 575 U.S. 348, 350 (2015). When the police stop is based on a policeobserved traffic violation, the stop ‘become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission’ of issuing a ticket for the violation.” Id. at 350-51 (quoting Illinois v. Caballes, 543 U.S. 405, 407 (2005)). In this case, the court of appeals acknowledged the traffic stop was extended when the officer conducting the stop detoured from the mission of the stop into a methamphetamine investigation. Despite this finding, the court of appeals found no Rodriguez violation because the delay occurred before the officer finished writing the traffic citation. The question presented is: Whether a traffic stop unreasonably prolonged beyond the time needed to address the purpose of the stop violates the Fourth Amendment regardless of when, chronologically, the delay occurs?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-03-01
Reply of petitioner Jacques Gholston filed.
2022-02-22
Brief of respondent United States in opposition filed.
2022-01-11
Motion to extend the time to file a response is granted and the time is further extended to and including February 22, 2022.
2022-01-07
Motion to extend the time to file a response from January 21, 2022 to February 22, 2022, submitted to The Clerk.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including January 21, 2022.
2021-12-15
Motion to extend the time to file a response from December 22, 2021 to January 21, 2022, submitted to The Clerk.
2021-11-22
Response Requested. (Due December 22, 2021)
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-08
Waiver of right of respondent United States to respond filed.
2021-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2021)

Attorneys

Jacques Gholston
Thomas W PattonFederal Public Defenders Office for the Central District of Illinois, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent