No. 25-5632

Isaac Alvarez v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-09-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: None
Latest Conference: 2025-10-17
Question Presented (from Petition)

Where there is no specific and articulable reason to objectively believe any occupant of a stopped vehicle is armed, dangerous, or involved in criminal conduct —but simply that the vehicle has potentially committed a non-criminal traffic violation —is an officer's approach to the vehicle at gunpoint, extraction and frisk of the driver at gunpoint, and (after discovering no weapon) directing him to the patrol car at gunpoint without asking a single investigatory question, permissible under Terry v. Ohio, 392 U.S. 1 (1968), or do these actions either individually or cumulatively constitute a de facto arrest without probable cause —unjustifiable on an officer safety rationale?

Question Presented (AI Summary)

Question not identified.

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-25
Waiver of United States of right to respond submitted.
2025-09-25
Waiver of right of respondent United States to respond filed.
2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2025)

Attorneys

Isaac Alvarez
Brenda Greenberg BrynFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent