No. 23-446
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment civil-rights decriminalization drug-enforcement fourth-amendment marijuana-odor probable-cause reasonable-suspicion search-and-seizure traffic-stop
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference:
2024-03-15
(distributed 2 times)
Question Presented (AI Summary)
Whether the slight odor of marijuana creates reasonable suspicion to prolong a traffic stop
Question Presented (from Petition)
QUESTION PRESENTED Whether the slight odor of marijuana coming from within a car stopped for a passenger’s seatbelt violation, in a state where possession of one ounce or less of marijuana has been decriminalized, combined with the natural and meaningless nervousness of the driver and his travel on I-95, is sufficient to create a reasonable suspicion to prolong the traffic stop in order to have a drug-smelling dog search the vehicle for a criminal amount of marijuana?
Docket Entries
2024-03-18
Petition DENIED.
2024-02-21
DISTRIBUTED for Conference of 3/15/2024.
2024-02-01
Brief of respondent Rhode Island in opposition filed.
2023-12-13
Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2024. See Rule 30.1.
2023-12-12
Motion to extend the time to file a response from January 4, 2024 to February 3, 2024, submitted to The Clerk.
2023-12-05
Response Requested. (Due January 4, 2024)
2023-11-29
DISTRIBUTED for Conference of 1/5/2024.
2023-11-24
Waiver of right of respondent Rhode Island to respond filed.
2023-10-24
Petition for a writ of certiorari filed. (Response due November 27, 2023)
Attorneys
Junjie Li
John L. Calcagni III — Law Office of John L. Calcagni III, Inc., Petitioner
John L. Calcagni III — Law Office of John L. Calcagni III, Inc., Petitioner
Rhode Island