No. 23-5793

Phillip Serapio Baca v. United States

Lower Court: Tenth Circuit
Docketed: 2023-10-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 4th-amendment brendlin-precedent circuit-split civil-rights exclusionary-rule fourth-amendment passenger-rights search-and-seizure standing traffic-stop vehicle-detention
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Whether a passenger in a vehicle subject to a traffic stop may contest the legality of his detention

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a passenger in a vehicle subject to a traffic stop may contest the legality of his detention, as this Court held in Brendlin v. California, or whether, as the Tenth Circuit continues to hold post-Brendlin, he may do so only in the narrow circumstance where he can show that 47s personal unlawful detention, and his unlawful detention only, caused the discovery of the challenged evidence? i

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-29
Reply of petitioner Phillip Baca filed. (Distributed)
2024-02-15
Brief of respondent United States in opposition filed.
2024-01-09
Motion to extend the time to file a response is granted and the time is further extended to and including February 15, 2024.
2024-01-05
Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
2023-12-06
Motion to extend the time to file a response is granted and the time is further extended to and including January 16, 2024. See Rule 30.1.
2023-12-04
Motion to extend the time to file a response from December 15, 2023 to January 15, 2024, submitted to The Clerk.
2023-11-09
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2023.
2023-11-08
Motion to extend the time to file a response from November 15, 2023 to December 15, 2023, submitted to The Clerk.
2023-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2023)

Attorneys

Phillip Baca
John Carl ArceciOffice of the Federal Public Defender, Petitioner
John Carl ArceciOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent