No. 23-6796

Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States

Lower Court: Sixth Circuit
Docketed: 2024-02-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2024-03-15
Question Presented (AI Summary)

Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search versus acquiescence to apparent lawful authority?

Question Presented (from Petition)

Question for Review During a routine traffic stop, Petitioner consented to the search of his car by a law enforcement officer. The officer, upon concluding the search, asked Petitioner if he had his wallet. Petitioner clarified the question then answered that he did have his wallet and reached for it in his back pocket. While Petitioner had the wallet in his hand, and it possibly had been partially removed from his pocket, the officer stated. “Let me see it for a moment” then took it from Petitioner’s hand. The ensuing search of the wallet extended the investigation which revealed incriminating information. Petitioner, arguing that the warrantless wallet search was unreasonable, sought to suppress the evidence recovered as a result of the wallet search. The District Court Denied the Motion to Suppress. A panel of the Sixth Circuit Court of Appeals voted 21 to uphold the District Court’s denial holding the District Court did not commit clear error. Was the District Court’s denial of Petitioner’s Motion to Suppress a result of clear error in determining the facts relative to consent for search versus acquiescence to apparent lawful authority? 1

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-26
Waiver of right of respondent United States to respond filed.
2024-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Yanier Tellez
Joseph Oren McAfeeMcAfee & McAfee, PLLC, Petitioner
Joseph Oren McAfeeMcAfee & McAfee, PLLC, Petitioner