No. 24-5197

Curtis Mitchell Paul v. United States

Lower Court: Sixth Circuit
Docketed: 2024-07-31
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-investigation empirical-evidence fourth-amendment officer-mistake probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio totality-of-the-circumstances
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robbery when the officer has on his smart phone three color images of the robbery suspect wearing attire that does not match the pedestrian's attire, and no commonsense inference or officer experience can explain away the mismatch

Question Presented (from Petition)

QUESTION PRESENTED Under Terry v. Ohio, 392 U.S. 1 (1968), the Fourth Amendment permits officers to stop a person in the street to ask a few brief investigatory questions only if they have a specific and articulable basis, objectively reasonable in the totality of the circumstances, to suspect the person of criminal activity. Id. at 20-21. The question presented is: Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robbery when the officer has on his smart phone three color images of the robbery suspect wearing attire that does not match the pedestrian’s attire, and no commonsense inference or officer experience can explain away the mismatch. ii

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-07
Waiver of United States of right to respond submitted.
2024-08-07
Waiver of right of respondent United States to respond filed.
2024-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2024)
2024-05-23
Application (23A1042) granted by Justice Kavanaugh extending the time to file until July 29, 2024.
2024-05-15
Application (23A1042) to extend the time to file a petition for a writ of certiorari from May 30, 2024 to July 29, 2024, submitted to Justice Kavanaugh.

Attorneys

Curtis Paul
Jennifer Niles CoffinFederal Defender Services of Eastern Distric of TN, Petitioner
Jennifer Niles CoffinFederal Defender Services of Eastern Distric of TN, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent