No. 22-5809

Sirron Moralez v. United States

Lower Court: Sixth Circuit
Docketed: 2022-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights container fourth-amendment law-enforcement-conduct probable-cause search-and-seizure seizure totality-of-the-circumstances traffic-stop vehicle-search
Key Terms:
FourthAmendment FirstAmendment CriminalProcedure Privacy
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Does an empty container with 'THC' on the cover justify an extended detention in a traffic stop and support the seizure of the driver and search of the vehicle?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Justification does not suffice for a detention and search be found where “...a police officer’s zealous pursuit for an arrest blurred his constitutional obligation to find legitimate probable cause before searching a vehicle. “‘ Dissenting Opinion of Judge Bernice Donald, United States v. Sirron Moralez, Opinion below. The Sixth Circuit majority’s analysis conflicts with the Fourth Circuit’s holding that a container alone is insufficient to establish probably cause in United States v. Saafir, 754 F.3d 262 (4th Cir. 2014)...[was insufficient for a mere hip flask to support probable cause of an alcohol violation, ] Question I Presented is: Does an empty container with “THC” on the cover justify an extended detention in a traffic stop and support the seizure of the driver and search of the vehicle? Question II Presented is: Can after-the-fact collection of the “totality of the circumstances” justify state action before the fact as to legitimize a state seizure and search? 2 LIST OF ALL

Docket Entries

2022-11-07
Petition DENIED.
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-10-18
Waiver of right of respondent United States to respond filed.
2022-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)

Attorneys

Sirron Moralez
Michael Martin LosavioMichael Losavio, Attorney, Petitioner
Michael Martin LosavioMichael Losavio, Attorney, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent