No. 21-835

Otha Ray Flowers v. United States

Lower Court: Fifth Circuit
Docketed: 2021-12-06
Status: Denied
Type: Paid
Experienced Counsel
Tags: 4th-amendment criminal-procedure fourth-amendment high-crime-area illinois-v-wardlow law-enforcement reasonable-suspicion terry-stop terry-v-ohio
Key Terms:
AdministrativeLaw FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Whether conduct that is consistent with either lawful or unlawful behavior, and in which law-abiding members of the general public routinely engage, can establish reasonable suspicion justifying a Terry stop merely because it occurs in a high-crime area

Question Presented (OCR Extract)

QUESTION PRESENTED In Terry v. Ohio, this Court held that officers may, consistent with the Fourth Amendment, briefly detain a person based on reasonable suspicion of involvement in criminal activity. 392 U.S. 1, 30 (1968). This Court subsequently clarified in Illinois v. Wardlow that a suspect’s mere presence in a high-crime area, without more, is an insufficient basis for reasonable suspicion. 528 U.S. 119, 124 (2000). The question presented is: Whether conduct that is consistent with either lawful or unlawful behavior, and in which law-abiding members of the general public routinely engage, can establish reasonable suspicion justifying a Terry stop merely because it occurs in a high-crime area. (D

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-18
Reply of petitioner Otha Ray Flowers filed. (Distributed)
2022-04-01
Brief of respondent United States in opposition filed.
2022-02-18
Motion to extend the time to file a response is granted and the time is further extended to and including April 1, 2022.
2022-02-17
Motion to extend the time to file a response from March 4, 2022 to April 1, 2022, submitted to The Clerk.
2022-01-21
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2022.
2022-01-20
Motion to extend the time to file a response from February 4, 2022 to March 4, 2022, submitted to The Clerk.
2021-12-29
Motion to extend the time to file a response is granted and the time is extended to and including February 4, 2022.
2021-12-28
Motion to extend the time to file a response from January 5, 2022 to February 4, 2022, submitted to The Clerk.
2021-11-30
Petition for a writ of certiorari filed. (Response due January 5, 2022)
2021-10-18
Application (21A82) granted by Justice Alito extending the time to file until November 30, 2021.
2021-10-13
Application (21A82) to extend the time to file a petition for a writ of certiorari from October 28, 2021 to November 30, 2021, submitted to Justice Alito.

Attorneys

Otha Ray Flowers
Jeremy Charles MarwellVinson & Elkins LLP, Petitioner
Jeremy Charles MarwellVinson & Elkins LLP, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent