No. 22-6286

John Yang v. United States

Lower Court: Seventh Circuit
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment civil-rights criminal-activity fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-seizure
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Whether the Fourth Amendment permits a police officer to seize a vehicle and its occupants based on limited information

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Fourth Amendment, U.S. Const. Amend. IV, permits a police officer to seize a vehicle and its occupants when the officer only knows that an occupant walked in the early morning to a vehicle from the direction of a house with only suspected crime activity, the vehicle was parked but running with its lights off, and another officer reported the occupants of a similar vehicle as “being shady” earlier in the evening. 2. Whether the Fourth Amendment, U.S. Const. Amend. IV, permits a police officer to seize a vehicle and its occupants when the officer equivocally stated that he only “perceived” that the vehicle failed to stop at a stop sign, even though the officer was in a moving squad car over 600 feet away from the vehicle, at night, the vehicle’s brake lights were illuminated for multiple seconds, two vehicles crossed the intersection in front of the automobile after it had stopped and before it began moving again, and the arresting officers did not ask a single question to investigate the “perceived” traffic violation after seizing the vehicle and its occupants. i

Docket Entries

2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-30
Waiver of right of respondent United States to respond filed.
2022-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)

Attorneys

John Yang
Jonathan F. BallBlank Rome LLP, Petitioner
Jonathan F. BallBlank Rome LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent