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
Latest Conference: 2022-04-29
Question Presented (from Petition)

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.

Question Presented (AI Summary)

whether-search-is-consensual

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
United States
Elizabeth B. PrelogarSolicitor General, Respondent