Aaron Martin Mercado-Gracia v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
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
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