No. 22-6552

Sergio Guerrero v. United States

Lower Court: Ninth Circuit
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: ammunition-possession bill-of-rights fourth-amendment lawful-materials probable-cause reasonable-suspicion second-amendment warrantless-arrest
Key Terms:
FourthAmendment SecondAmendment FirstAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether the Ninth Circuit's decision is consistent with this Court's precedents on the Fourth Amendment's probable cause standard when suspicion is based on the possession of a large quantity of legal ammunition protected by the Second Amendment

Question Presented (from Petition)

QUESTION PRESENTED Probable cause for a warrantless arrest requires a “probability or substantial chance” of criminal activity. District of Columbia v. Wesby, 138 S. Ct. 577, 586 (2018). When suspicion is based on acts or materials that are not per se illegal, “the relevant inquiry is ... the degree of suspicion that attaches to particular types of noncriminal acts” or, more precisely, what “reasonable inference[s]” can be drawn. Id. at 586, 588 (citations omitted). When suspicion is based on “materials presumptively protected by the [Bill of Rights],” the same probable cause standard applies. New York v. P.J. Video, Inc., 475 U.S. 868, 875 (1986). There, however, the Fourth Amendment requires examination of “what is ‘unreasonable’ in the light of the values” in other Bill of Rights amendments. See Roaden v. Kentucky, 413 U.S. 496, 501, 504 (1973). Ammunition is legal to own in any quantity in Arizona and is presumptively protected by the Second Amendment; “without bullets, the right to bear arms would be meaningless.” Jackson v. City & County of San Francisco, 746 F.3d 953, 967 (9th Cir. 2014), abrogated on other grounds by New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142. 8. Ct. 2111, 2127 (2022). The dispositive concurrence in the Ninth Circuit’s per curiam majority opinion concluded, over a dissent, that the transportation of twenty 1,000-round boxes of legal ammunition for handguns and high-powered rifles, in a car with two illegally tinted windows, alone justified an arrest. Is the Ninth Circuit’s decision consistent with this Court’s precedents? i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-23
Waiver of right of respondent United States of America to respond filed.
2023-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)

Attorneys

Sergio Guerrero
Jeremy Ryan MooreFederal Public Defender's Office, Petitioner
Jeremy Ryan MooreFederal Public Defender's Office, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent