No. 24-6998

Eric Ellis v. City of White Settlement, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2025-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: fourth-amendment passenger-arrest probable-cause traffic-stop unreasonable-seizure warrantless-seizure
Latest Conference: 2025-06-05
Question Presented (AI Summary)

Whether the warrantless seizure of a suspect's children without probable cause during a traffic stop violates the Fourth Amendment; Whether an arrest for a misdemeanor that is punishable only by a fine constitutes an unreasonable seizure under the Fourth Amendment when all passengers are seized and taken to jail; Whether an officer whom has probable cause to arrest a 'driver' also has probable cause to seize and arrest all passengers

Question Presented (from Petition)

1. Whether the warrantless seizure of a suspect ’s children without probable cause during a traffic stop violates the Fourth Amendment. 2. Whether an arrest for a misdemeanor that is punishable only by a fine constitutes an unreasonable seizure under the Fourth Amendment when all passengers are seized and taken to jail. 3. Whether an officer whom has probable cause to arrest a “driver ” also has probable cause to seize and arrest all passengers. Page 3

Docket Entries

2025-06-06
Petition DENIED.
2025-05-21
DISTRIBUTED for Conference of 6/5/2025.
2025-05-13
Waiver of right of respondent City of White Settlement to respond filed.
2025-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2025)

Attorneys

City of White Settlement
Thomas Phillip BrandtFanning Harper Martinson Brandt & Kutchin, PC, Respondent
Thomas Phillip BrandtFanning Harper Martinson Brandt & Kutchin, PC, Respondent
Eric Ellis
Eric L. Ellis — Petitioner
Eric L. Ellis — Petitioner