arrest

37 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6312 Fred Baskin v. Massachusetts Massachusetts 2025-12-08 Denied Response WaivedIFP arrest evidence-suppression fourth-amendment probable-cause search-and-seizure warrantless-search Whether the Fourth Amendment is violated by a warrantless search of an arrestee's backpack when the arrestee is in handcuffs and the police lack proba…
24-172 Marques A. Johnson v. James Dunn Eleventh Circuit 2024-08-16 Denied Response Waived arrest circuit-split constitutional-rights fourth-amendment law-enforcement qualified-immunity Whether the Fourth Amendment prohibits arresting a passenger in a car not suspected of any wrongdoing solely for failing to immediately provide identi…
23-6678 In Re Tina Wagoner 2024-02-06 Denied IFP arrest civil-rights criminal-procedure due-process evidence probable-cause Whether the criminal court and law enforcement's failure to arrest and properly process the accused prevented due process and allowed for misrepresent…
23-6448 Stephen Dudley Brunson v. United States Fifth Circuit 2024-01-10 Denied Response WaivedIFP 4th-amendment arrest drug-interdiction fourth-amendment inevitable-discovery law-enforcement pretext probable-cause search-and-seizure traffic-stop Whether officers may cure an unlawfully prolonged traffic stop by arresting the motorist for the traffic violation or claiming inevitable discovery ba…
23-556 Ramey & Schwaller, L.L.P. v. Zions Bancorporation NA, dba Amegy Bank Fifth Circuit 2023-11-22 Denied Response Waived arrest criminal-law due-process formal-charge indictment united-states-v-marion Whether the Fifth Circuit misconstrues Texas criminal law by equating an arrest without indictment as a formal charge for a felony
23-541 Michael Donnellon, Deputy, et al. v. John Jordan Tenth Circuit 2023-11-20 Denied Response RequestedRelisted (2) arrest civil-rights excessive-force first-amendment fourth-amendment free-speech law-enforcement probable-cause qualified-immunity Whether the Tenth Circuit's use of Hill's First Amendment analysis negated the objective Fourth Amendment standard of Maryland v. Pringle
22-7853 Carlos Miguel Concepcion-Guliam v. United States First Circuit 2023-06-26 Denied Response WaivedIFP arrest criminal-procedure detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure search-warrant Whether the Fourth Amendment permits law enforcement to detain and arrest an individual without observing any criminal conduct, based solely on an ass…
22-1025 Sylvia Gonzalez v. Edward Trevino, II, et al. Fifth Circuit 2023-04-24 Judgment Issued Amici (23)Response RequestedResponse WaivedRelisted (4) arrest circuit-split civil-rights first-amendment free-speech government-record probable-cause qualified-immunity retaliation retaliatory-arrest standing Whether the Nieves probable cause exception can be satisfied by objective evidence other than specific examples of arrests that never happened
22-6461 Segundo Marcial Dominguez-Caicedo and Adrian Andres Cortez-Quinonez v. United States Ninth Circuit 2023-01-04 Denied Response RequestedResponse WaivedRelisted (3)IFP arrest arrest-delay criminal-procedure due-process high-seas judicial-proceedings magistrate-review speedy-trial transportation transportation-time unnecessary-delay Whether the additional delay resulting from transportation to the district the Government chooses to prosecute must be considered when determining whe…
22-5931 Anthony Michael D'Amico v. United States Eleventh Circuit 2022-10-28 Denied Response WaivedIFP arrest criminal-procedure due-process fair-trial juror juror-observation sixth-amendment witness witness-arrest Whether a person's Sixth Amendment right to a fair trial is violated when a juror witnesses a critical defense witness arrested outside the courtroom …
21-8094 In Re Marcus O'Neal Jenkins 2022-06-08 Denied Response WaivedRelisted (2)IFP arrest booked-on-charges civil-rights criminal-procedure custody due-process sixth-amendment speedy-trial Evidentiary Hearings on Jenkins' Ground Four Claim
21-1190 Ramon Rios, III v. Texas Texas 2022-02-28 Denied Response RequestedResponse WaivedRelisted (2) 4th-amendment arrest fourth-amendment home-search law-enforcement plain-view-doctrine protective-sweep surveillance warrantless-search Does the Fourth Amendment prohibit a warrantless protective sweep of a home following the arrest of a resident outside his home under surveillance?
21-6911 Stanley Aron Cavienss v. United States Second Circuit 2022-01-20 Denied Response WaivedIFP arrest civil-rights due-process property-rights search-and-seizure standing Whether the petitioner's constitutional rights were violated by the actions of the respondents
20-919 Richard Spinnenweber, et al. v. Dan Williams Eleventh Circuit 2021-01-08 Denied Response Waived arrest civil-rights criminal-arrest criminal-procedure district-court due-process fourth-amendment judicial-determination law-enforcement legal-standard probable-cause Whether the district court erred in holding that there was probable cause to believe the plaintiffs had committed the crime for which they were arrest…
20-6728 Jarvis O'Neil Adams v. Georgia Office of the Governor, et al. Eleventh Circuit 2020-12-30 Denied Response WaivedIFP 4th-amendment arrest civil-rights criminal-procedure law-enforcement narcotics officer-opinion probable-cause search-and-seizure seizure Whether probable cause can be established solely on officer's opinion of narcotics smell
20-6580 Joseph W. Peeples, III v. United States Second Circuit 2020-12-09 Denied Response WaivedIFP arrest civil-rights constitutional-rights criminal-procedure detention due-process evidence-admissibility fourth-amendment search-and-seizure travel warrantless-search Whether the Fourth and Fourteenth Amendments, along with the Federal Rules of Criminal Procedure, allow any person suspected of a crime to freely trav…
20-6216 Michael E. Torres v. United States Third Circuit 2020-11-04 Denied Response WaivedIFP armed-career-criminal-act arrest criminal-procedure drug-conviction fourth-amendment fourth-amendment-seizure investigative-detention probable-cause reasonable-suspicion Did the Third Circuit err in viewing the police conduct as no more than a brief investigative detention and thus justified by reasonable suspicion ins…
20-283 Austin J. Bass v. Patrick M. Greve, et al. Sixth Circuit 2020-09-03 Denied Response RequestedResponse WaivedRelisted (6) 4th-amendment arrest arrest-justification civil-rights criminal-intent due-process fourth-amendment law-enforcement-discretion probable-cause qualified-immunity Whether Officer Bass had probable cause to arrest under the Fourth Amendment
20-5519 Richard Wanke v. Illinois Illinois 2020-08-26 Denied Response WaivedRelisted (2)IFP arrest arrest-initiation conflict-of-interest constitutional-rights criminal-procedure due-process prosecution prosecutorial-delay public-defender speedy-trial When does an arrest initiate prosecution for speedy trial purposes?
20-5273 Andrew Hargett, Jr. v. United States Fourth Circuit 2020-08-05 Denied Response WaivedIFP arrest civil-rights criminal-procedure evidence-suppression exclusionary-rule fourth-amendment probable-cause search-and-seizure Whether the Fourth Amendment exclusionary rule required suppression of evidence
19-8014 Michael Artis v. United States First Circuit 2020-03-17 Denied Response WaivedIFP arrest criminal-activity criminal-conspiracy evidence-suppression fourth-amendment law-enforcement probable-cause search-and-seizure Whether the Fourth Amendment requires suppression of evidence where agents lacked probable cause to arrest two persons absent probable cause of crimin…
19-7419 Timothy Shayne Hardin, Jr. v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-01-27 Denied IFP appeals arrest charge civil-rights community-supervision constitutional-rights criminal-procedure criminal-procedure-due-process dismissal due-process evidence-suppression fourth-amendment probable-cause probation revocation search-and-seizure sentencing Whether the trial court abused its authority by revoking a community supervision because of a new honest mistake charge which was ultimately dismissed…
19-7213 Rodney Banks v. California California 2020-01-08 Denied IFP 4th-amendment 5th-amendment arrest constitutional-rights criminal-procedure due-process evidence fourth-amendment law-enforcement miranda-rights probable-cause search-and-seizure Whether the arresting officer failed to read the petitioner their Miranda rights and used the wrong evidence for deliberation
19-7171 Samuel Turner v. United States Eighth Circuit 2020-01-06 Denied Response WaivedIFP arrest civil-rights conviction-and-sentence criminal-procedure criminal-procedure-4th-amendment-search-and-seizur drug-possession due-process exculpatory-evidence fourth-amendment fourth-amendment-search-and-seizure investigative-reports police-conduct probable-cause search-and-seizure subpoena-duces-tecum supervisory-power Whether the lower courts erred by upholding the arrest of Mr. Turner?
19-6585 Gelu Topa v. Almonte Kerbs, et al. Eleventh Circuit 2019-11-12 Denied IFP arrest arrest-procedure civil-rights constitutional-rights due-process law-enforcement-conduct miranda-rights police-misconduct probable-cause public-defender subpoena video-evidence Why was there no video of the arrest/incident?
19-6484 In Re John Harry Steele 2019-11-05 Denied Relisted (2)IFP 14th-amendment arrest constitutional-violation conviction-review criminal-statute due-process procedural-fairness prosecution unfairness Was the petitioner denied due process of law in violation of the 14th Amendment?
19-289 County of San Diego, California, et al. v. James Soler Ninth Circuit 2019-09-04 Denied Response RequestedResponse WaivedRelisted (2) arrest arrest-procedure civil-rights due-process extradition-warrant fourteenth-amendment jail-staff mistaken-identity procedural-due-process qualified-immunity When a prisoner is held under authority of a facially valid warrant, do individual jail staff members have a duty under the Fourteenth Amendment to in…
19-188 Ikechukwu Hyginus Okorie v. Virginia M. Crawford, et al. Fifth Circuit 2019-08-13 Denied administrative-search arrest arrest-without-probable-cause detention detention-standards fourth-amendment fourth-amendment-violation law-enforcement-conduct probable-cause qualified-immunity search-warrant standard-of-review tolan-v-cotton Whether the allegations establish a Fourth Amendment violation and qualified immunity defense
18-9606 Curtis Wayne Givens v. Virginia Virginia 2019-06-11 Denied IFP 4th-amendment Arrest criminal-procedure due-process evidence-seizure Fifth-Amendment Jury-Selection motion-to-suppress probable-cause search-and-seizure standing Voir-Dire witness-examination Whether the trial court properly overruled the Petitioner's motion to suppress evidence seized without probable cause
18-8943 David Raphael Concepcion v. United States Eleventh Circuit 2019-04-22 Denied Response WaivedIFP 4th-amendment arrest arrest-incident constitutional-provision criminal-procedure home home-search law-enforcement maryland-v-buie police-powers protective-sweep search-and-seizure Whether the holding of Maryland v. Buie applies to protective sweeps incident to arrests made just outside a home
18-8626 Aaron Murray v. United States Sixth Circuit 2019-03-29 Denied Response WaivedIFP arrest constitutional-rights criminal-procedure defense-counsel due-process federal-criminal-procedure initial-appearance magistrate-judge plea-bargaining plea-hearing right-to-counsel Was Petitioner Aaron Murray Entitled to an initial appearance before a United States Magistrate Judge under Fed. R. Criminal P Rule 5?
18-7324 Roberto Gil v. Florida Florida 2019-01-09 Denied IFP arrest confidential-informant contingent-fee due-process forfeiture fourteenth-amendment law-enforcement testimony Whether a confidential informant's contingent fee arrangement with police violates due process rights?
18-7148 Austin Ray v. United States Tenth Circuit 2018-12-21 Denied Response WaivedIFP arrest custody custody-rights detainer habeas-corpus implied-consent interstate-agreement interstate-agreement-on-detainers jurisdiction prisoner-transfer speedy-trial Is the Interstate Agreement on Detainers (IAD) triggered when a prisoner in custody is arrested by another jurisdiction?
18-7156 Antonez Terril Johnson v. United States Eleventh Circuit 2018-12-20 Denied Response WaivedIFP arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio Whether pedestrian Terry stops based on probable cause do or do not equate to arrest
18-6540 Maha Z. Rayan v. Georgia Georgia 2018-11-02 Denied Response WaivedRelisted (2)IFP arrest contempt contempt-order criminal-procedure due-process fourteenth-amendment fourth-amendment judicial-appointment municipal-court-jurisdiction municipal-courts probable-cause state-penal-law uniform-traffic-citation Whether the use of a municipal traffic citation as an initial accusation for a state penal law non-traffic offense is constitutional
18-5874 Nalenzer Lee Edwards v. United States Eighth Circuit 2018-09-04 Denied Response WaivedIFP arrest confidential-informant drug-possession eighth-circuit fourth-amendment law-enforcement probable-cause reasonable-suspicion vehicle-stop Did the Court of Appeals for the Eighth Circuit error in finding probable cause to justify a vehicle stop and the arrest of petitioner?
18-5440 Larenzo Lomax v. Darrel Vannoy, Warden Fifth Circuit 2018-08-02 Denied IFP arrest arrest-legality constitutional-rights criminal-procedure exclusionary-rule false-affidavit false-statements fourth-amendment ineffective-assistance-of-counsel search-and-seizure search-warrant sixth-amendment Whether Lomax was denied the effective assistance of counsel when his trial attorney failed to challenge the legality of Lomax's arrest