No. 23-7824

Kwuan Montrell Baker v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fourth-amendment fourth-amendment-balancing law-enforcement pretextual-stop probable-cause reasonable-suspicion traffic-stop whren-v-united-states
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether an admittedly pretextual traffic stop based on reasonable suspicion, rather than probable cause, violates the Fourth Amendment

Question Presented (from Petition)

QUESTION PRESENTED In the context of pretextual traffic stops, this Court has held that, although the Fourth Amendment requires courts to “weigh the governmental and individual interests implicated,” “the result of that balancing is not in doubt where the search or seizure is based upon probable cause.” Whren v. United States, 517 U.S. 806, 817 (1996) The question presented is whether an admittedly pretextual traffic stop by law enforcement violates the Fourth Amendment when it is based not on probable cause, but only on reasonable suspicion of a crime. i

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-26
Waiver of United States of right to respond submitted.
2024-07-26
Waiver of right of respondent United States to respond filed.
2024-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2024)
2024-05-06
Application (23A975) granted by Justice Thomas extending the time to file until June 26, 2024.
2024-04-29
Application (23A975) to extend the time to file a petition for a writ of certiorari from May 27, 2024 to July 26, 2024, submitted to Justice Thomas.

Attorneys

Kwuan Montrell Baker
Marisa Rayna TaneyFederal Public Defender, Petitioner
Marisa Rayna TaneyFederal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent