Sirron Moralez v. United States
FourthAmendment FirstAmendment CriminalProcedure Privacy
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 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