No. 23-6523

Mark David Galloway v. United States

Lower Court: Ninth Circuit
Docketed: 2024-01-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split fourth-amendment law-enforcement probable-cause reasonable-suspicion seizure terry-stop
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether the Ninth Circuit has unjustifiably expanded the Terry exception to the probable cause requirement by creating a new category of exempt seizures when a suspect is armed or dangerous, no matter the circumstances or intrusiveness of that seizure

Question Presented (OCR Extract)

Question Presented for Review The Ninth Circuit has split from this Court’s precedent to create a new category of seizures exempt from the Fourth Amendment’s requirement of probable cause. So long as law enforcement believes a suspect is armed or dangerous, it does not matter in the Ninth Circuit how intrusive the encounter becomes—it is categorically not an arrest, only a “Terry” stop, which is justified on reasonable suspicion alone. The question presented is: Whether the Ninth Circuit has unjustifiably expanded the Terry exception to the probable cause requirement by creating a new category of exempt seizures when a suspect is armed or dangerous, no matter the circumstances or intrusiveness of that seizure. i

Docket Entries

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-26
Waiver of right of respondent United States to respond filed.
2024-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2024)

Attorneys

Mark Galloway
Ellesse Danielle HendersonEllesse Henderson, Petitioner
Ellesse Danielle HendersonEllesse Henderson, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent