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
Latest Conference: 2023-03-17
Question Presented (from Petition)

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 Sierra Ayala, his Fourth Amendment rights were violated. When the squad, directed by Sergeant López-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 López-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?

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?

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
United States
Elizabeth B. PrelogarSolicitor General, Respondent