No. 22-6802

Luis Miguel Sierra-Ayala v. United States

Lower Court: First Circuit
Docketed: 2023-02-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment consensual-search consent exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure police-misconduct reasonable-suspicion search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2023-03-17
Question Presented (AI Summary)

Should evidence obtained during an illegal police seizure be suppressed where the rights-violating officer testifies that the person in his custody consensually turned over contraband?

Question Presented (OCR Extract)

QUESTION PRESENTED A police officer cannot touch a person’s body or possessions without consent or legally sufficient basis. Likewise, an officer cannot force himself upon a person’s private personal space, impeding their freedom to leave without justification. Agreeing with these bedrock privacy concerns, the First Circuit determined that when a police raid squad descended upon a residential street and accosted Petitioner Luis SierraAyala, his Fourth Amendment rights were violated. When the squad, directed by Sergeant Lépez-Maysonet, burst upon Petitioner and others on a Sunday morning, none of the sergeant’s excuses for seizing Petitioner sufficed. Neither the flight of others, nor the idea of a high-crime area, nor the use of a fanny pack gave rise to reasonable suspicion. Nevertheless, while Lépez-Maysonet halted and controlled Petitioner without cause or consent, the First Circuit conceived of a separate basis to deny Petitioner’s request to suppress contraband found during the illegal encounter. The First Circuit concluded that Petitioner — despite his illegal and non-consensual placement under the sergeant’s official control — consensually opened up the accessory bag he wore to reveal drugs inside. The bag opening act immediately followed the illegal seizure. The question presented is: Should evidence obtained during an illegal police seizure be suppressed where the rights-violating officer testifies that the person in his custody consensually turned over contraband? i PARTIES Luis Miguel Sierra Ayala, petitioner on review, was the defendant-appellant below. The United States of America, respondent on review, was the plaintiff-appellant below.

Docket Entries

2023-03-20
Petition DENIED.
2023-03-02
DISTRIBUTED for Conference of 3/17/2023.
2023-02-22
Waiver of right of respondent United States to respond filed.
2023-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2023)
2023-01-12
Application (22A633) granted by Justice Jackson extending the time to file until February 14, 2023.
2023-01-04
Application (22A633) to extend the time to file a petition for a writ of certiorari from January 15, 2023 to February 14, 2023, submitted to Justice Jackson.

Attorneys

Luis Miguel Sierra-Ayala
Kevin Edward LermanFederal Public Defender, District of Puerto Rico, Petitioner
Kevin Edward LermanFederal Public Defender, District of Puerto Rico, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent