No. 23-6448

Stephen Dudley Brunson v. United States

Lower Court: Fifth Circuit
Docketed: 2024-01-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment arrest drug-interdiction fourth-amendment inevitable-discovery law-enforcement pretext probable-cause search-and-seizure traffic-stop
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery based on an earlier, unexecuted plan to arrest the motorist

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW Texas DPS Troopers stopped Stephen Brunson because his license plate was expired. They had planned, due to a tip they received, to ask for consent to search. Brunson denied consent. They tried to get a drug-detecting dog to their location; one was not available before the traffic stop would reasonably conclude. The troopers discussed a plan to arrest Brunson for displaying an expired license plate. They did not execute the plan until after the dog arrived and failed to alert. When they finally arrested Brunson for displaying an expired license plate, they searched him incident to the arrest, and discovered methamphetamine. Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery based on an earlier, unexecuted plan to arrest the motorist. i

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-16
Waiver of right of respondent United States to respond filed.
2023-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2024)

Attorneys

Stephen Dudley Brunson
Shane O'NealO'Neal Law, Petitioner
Shane O'NealO'Neal Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent