No. 23-5743

Xzavione Taylor v. United States

Lower Court: Ninth Circuit
Docketed: 2023-10-10
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-investigation exit-order fourth-amendment pennsylvania-v-mimms police-detention reasonable-suspicion rodriguez-v-united-states traffic-stop vehicle-search
Key Terms:
FourthAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether a police officer detours from the lawful mission of a traffic stop by ordering that the driver of a car exit the vehicle for the sole purpose of facilitating a separate, unsupported investigation into criminal activity

Question Presented (OCR Extract)

Question Presented for Review Like other temporary detentions of private individuals, “the tolerable duration of police inquiries in the traffic-stop context is determined by the seizure’s ‘mission.” Rodriguez v. United States, 575 U.S. 348, 354 (2015). Police tasks that lack a “close connection to roadway safety” detour from the seizure’s mission, as “do safety precautions taken to facilitate such detours.” Jd. at 356. When measurably lengthening the detention, such off-mission tasks violate the Fourth Amendment, unless independently supported by reasonable suspicion. Id. at 356-58. The question presented is whether a police officer detours from the lawful mission of a traffic stop by ordering that the driver of a car exit the vehicle for the sole purpose of facilitating a separate, unsupported investigation into criminal activity. i

Docket Entries

2024-02-20
Petition DENIED.
2024-01-25
DISTRIBUTED for Conference of 2/16/2024.
2024-01-24
Reply of petitioner Xzavione Taylor filed. (Distributed)
2024-01-10
Brief of respondent United States in opposition filed.
2023-12-01
Motion to extend the time to file a response is granted and the time is further extended to and including January 10, 2024.
2023-11-30
Motion to extend the time to file a response from December 11, 2023 to January 10, 2024, submitted to The Clerk.
2023-11-03
Motion to extend the time to file a response is granted and the time is extended to and including December 11, 2023.
2023-11-01
Motion to extend the time to file a response from November 9, 2023 to December 11, 2023, submitted to The Clerk.
2023-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Xzavione Taylor
Wendi L. OvermyerOffice of the Federal Public Defender, Petitioner