No. 21-6939

Clarence Tramiel Beard v. United States

Lower Court: Fifth Circuit
Docketed: 2022-01-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: detention fourth-amendment investigatory-detention law-enforcement-procedure mail mail-seizure package-transportation reasonable-suspicion transportation united-states-v-place
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2022-02-18
Question Presented (AI Summary)

whether-the-investigatory-detention-and-subsequent-transportation-of-an-item-seized-from-the-mail-intrudes-on-a-possessory-interest-protected-by-the-fourth-amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the investigatory detention, and subsequent transportation to a new location, of an item seized from the mail intrudes on a possessory interest protected by the Fourth Amendment, and so must inform the judicial assessment of whether the detention was “minimally intrusive” in scope and duration “so as to be justifiable on reasonable suspicion.” United States v. Place, 462 U.S. 696, 702 (1983). 2. Whether the detention of a package seized from the mail became unreasonably intrusive under the circumstances of this case, where the detaining officials transported the package hundreds of miles from its intended destination, and thereby extended the detention well beyond the expected delivery date, before taking any investigative steps designed to confirm or dispel their suspicion. 1

Docket Entries

2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-26
Waiver of right of respondent United States to respond filed.
2022-01-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2022)

Attorneys

Clarence Beard
Evan Gray HowzeFederal Public Defender, Petitioner
Evan Gray HowzeFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent