No. 21-7889

Zahkuan Bailey-Sweeting, aka Zahkuan Sweeting-Bailey v. Massachusetts

Lower Court: Massachusetts
Docketed: 2022-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 4th-amendment fourth-amendment individualized-suspicion pat-frisk police-hunch police-stop reasonable-suspicion search-and-seizure traffic-stop unreasonable-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Did the pat-frisk of Mr. Bailey-Sweeting violate his right to be free from unreasonable searches under the Fourth and Fourteenth Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED Mr. Zahkuan Bailey-Sweeting was a passenger in a car stopped by three police officers for a minor traffic infraction. At the time of the traffic stop, the officers had received no reports of any criminal activity. Under these circumstances, did the pat-frisk of Mr. Bailey-Sweeting violate his right to be free from unreasonable searches under the Fourth and Fourteenth Amendment where Mr. Bailey-Sweeting did not do or say anything suspicious, but rather, the police suspected, based only on an admitted “hunch”, that a fellow passenger’s conduct, provoked by a pattern of police harassment, was an effort to distract them? ii

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-16
Waiver of right of respondent Massachusetts to respond filed.
2022-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2022)

Attorneys

Massachusetts
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Anna E. LumelskyMassachusetts Attorney General's Office, Respondent
Zahkuan Bailey-Sweeting
David James NathansonWood & Nathanson, LLP, Petitioner
David James NathansonWood & Nathanson, LLP, Petitioner