No. 24-7466

Patrick Joseph Duncan, Jr. v. United States

Lower Court: Ninth Circuit
Docketed: 2025-06-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure fourth-amendment law-enforcement probable-cause search-and-seizure state-law
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether federal courts may use state law definitions to narrow Fourth Amendment protections during law enforcement stops

Question Presented (OCR Extract)

When determining whether law enforcement’s stop of a suspect was lawful under the Fourth Amendment, may federal courts use state law – in this case, California’s definition of a completed offense that conflicts with the federal definition of a completed offense – to narrow an individual’s Fourth Amendment rights?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-08
Errata Letter of Patrick Duncan, Jr. submitted.
2025-07-08
Waiver of United States of right to respond submitted.
2025-07-08
Waiver of right of respondent United States to respond filed.
2025-07-08
Letter from petitioner received.
2025-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2025)

Attorneys

Patrick Duncan, Jr.
Brad Kannof KaisermanThe Law Office of Brad K. Kaiserman, Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent