No. 21-6223

Aaron Martin Mercado-Gracia v. United States

Lower Court: Tenth Circuit
Docketed: 2021-11-09
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment consent fourth-amendment police-questioning race racial-profiling reasonable-person reasonable-person-standard totality-of-circumstances traffic-stop
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether the person's race is a factor in determining if a person objectively believed he could refuse an officer's request to answer more questions after a traffic stop

Question Presented (OCR Extract)

Questions Presented Once an officer issues a traffic citation and tells the person he may leave, the Fourth Amendment requires consent to then delay departure to ask more questions. Whether the person stays voluntarily or reasonably believes he is not free to go is determined by the totality of all the circumstances. United States v. Mendenhall, 446 U.S. 544, 557 (1980). The questions presented are: 1. When deciding if a person objectively believed he could refuse an officer’s request to answer more questions, is the person’s race a factor in the totality of the circumstances. 2. If so, would a reasonable person have understood from the officer’s conduct that he could walk away, get in his car, and drive off without consequence, given all the circumstances here. i

Docket Entries

2022-03-21
Petition DENIED.
2022-02-25
Reply of petitioner Aaron Martin Mercado-Gracia filed. (Distributed)
2022-02-24
DISTRIBUTED for Conference of 3/18/2022.
2022-02-09
Brief of respondent United States in opposition filed.
2022-01-06
Motion to extend the time to file a response is granted and the time is further extended to and including February 9, 2022.
2022-01-05
Motion to extend the time to file a response from January 10, 2022 to February 9, 2022, submitted to The Clerk.
2021-12-02
Motion to extend the time to file a response is granted and the time is extended to and including January 10, 2022.
2021-12-01
Motion to extend the time to file a response from December 9, 2021 to January 10, 2022, submitted to The Clerk.
2021-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2021)

Attorneys

Aaron Martin Mercado-Gracia
Irma RivasFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent