No. 22-7514

Joshua Brown v. United States

Lower Court: Eighth Circuit
Docketed: 2023-05-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment color-discrepancy fourth-amendment high-crime-area probable-cause reasonable-suspicion traffic-stop vehicle-registration
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether an officer has reasonable suspicion to stop a vehicle based solely on a discrepancy between the vehicle's apparent color and the color listed on its registration

Question Presented (from Petition)

QUESTION PRESENTED A vehicle might appear to be a certain color, but its registration says that it should be a different color. This might happen if a motorist decided to repaint the vehicle. This might also occur if a vehicle has a paint job that cannot be described as one color or another, because it looks like one color in a certain light and a different color in another light. Or it might even happen if the department of motor vehicles makes a clerical error when recording the information for the registration. In sum, it is not a big deal—and it is not a crime—if there is such a discrepancy. Many such vehicles pass through so-called “high-crime areas,” generally in urban areas. The question presented is whether an officer patrolling in a “high-crime area” has reasonable suspicion to stop any vehicle that does not appear to be the color listed in its registration. The Eighth Circuit said yes; the correct answer is no. i

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-16
Waiver of right of respondent United States to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 12, 2023)

Attorneys

Joshua Brown
Bradley Ryan HansenFederal Defender's Office, Petitioner
Bradley Ryan HansenFederal Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent