No. 21-941

Aldo Daniel Gastelum v. United States

Lower Court: Eighth Circuit
Docketed: 2021-12-27
Status: Denied
Type: Paid
Tags: circuit-split consensual-search fourth-amendment police-detention probable-cause reasonable-suspicion search-and-seizure state-supreme-court-rulings voluntary-consent
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-04-29
Question Presented (AI Summary)

whether-search-is-consensual

Question Presented (from Petition)

QUESTION PRESENTED Whether a search is “consensual” under the Fourth Amendment when a police officer directly orders an individual he is detaining to submit to the search, and the individual begins complying with the order, and the officer then says, 25 seconds later: “You don’t mind, do you? You don’t care?” and the individual continues to comply.

Docket Entries

2022-05-02
Petition DENIED.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-03-25
Brief of respondent United States in opposition filed.
2022-02-17
Motion to extend the time to file a response is granted and the time is further extended to and including March 25, 2022.
2022-02-16
Motion to extend the time to file a response from February 25, 2022 to March 25, 2022, submitted to The Clerk.
2022-01-20
Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022.
2022-01-19
Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
2021-12-21
Petition for a writ of certiorari filed. (Response due January 26, 2022)

Attorneys

Aldo Gastelum
Caleb Edward MasonWerksman Jackson and Quinn LLP, Petitioner
Caleb Edward MasonWerksman Jackson and Quinn LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent