detention

65 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-588 Donna Elizabeth Summers v. Montana Montana 2025-11-18 Pending Response RequestedResponse Waived constitutional-rights detention fourth-amendment police-questioning seizure traffic-stop Whether a driver who is lawfully stopped for a traffic infraction remains seized for Fourth Amendment purposes when the officer concludes the purpose …
25-5990 Tylee Brown v. United States Third Circuit 2025-10-29 Denied Response WaivedIFP detention fourth-amendment police-encounter reasonable-suspicion terry-stop vehicle-search 1. Whether a passenger in a vehicle, who briefly leaves the vehicle during a police encounter, but is contemporaneously detained with the vehicle and …
24-6983 Markanthony Deleon Sapalasan v. United States Ninth Circuit 2025-04-14 Denied IFP detention fourth-amendment inventory-search law-enforcement property-retention search-and-seizure Does it violate the Fourth Amendment to retain personal property of a person who is not going to be incarcerated and to search the property long after…
24A617 Lola Shalewa Barbara Kasali v. United States Fifth Circuit 2024-12-20 Presumed Complete appeal bond detention due-process fifth-amendment pre-trial-release Whether the Fifth Amendment due process protections require a court to grant a pre-trial release or bond for a defendant facing potential detention pe…
24-5396 Pedro Pablo Fuentes v. Steven Harpe Tenth Circuit 2024-08-27 Denied IFP collective-knowledge-doctrine detention fourth-amendment probable-cause search-and-seizure traffic-stop Whether law enforcement can detain a suspect and conduct a K-9 search after issuing a traffic citation without additional probable cause or consent
23A815 Las Americas Immigrant Advocacy Center, et al. v. Steven McCraw, Director, Texas Department of Public Safety, et al. Fifth Circuit 2024-03-04 Presumed Complete detention due-process expedited-removal fourteenth-amendment immigration judicial-review Whether the Fourteenth Amendment's Due Process Clause requires individualized hearings for detained immigrants facing expedited removal without meanin…
23-684 Andrew Knapp, et al. v. Janice Brown Sixth Circuit 2023-12-26 Denied Response Waived adverse-effects-for-police clearly-established-law constitutional-rights detention law-enforcement probable-cause probable-cause-determination qualified-immunity sixth-circuit warrantless-arrest Did the Sixth Circuit err in denying qualified immunity to four police officers?
23-6258 Sherman L. Fields v. Donald J. Trump, former President of the United States, et al. District of Columbia 2023-12-14 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights detention due-process federal-court habeas-corpus judicial-review liberty liberty-restraint remedy standing state-prisoner Whether the Petitioner's constitutional rights were violated when he was illegally detained and denied a remedy for such violation
23-6237 Gregory I. Ezeani v. William Anderson, Warden, et al. Third Circuit 2023-12-12 Denied Response WaivedIFP civil-rights constitutional-rights detention due-process federal-prisoner healthcare-denial immigration immigration-detention medical-negligence medical-treatment retaliation Whether the plaintiff's constitutional rights were violated when DHS/ICE unlawfully arrested him, denied him proper medical treatment, and failed to f…
23-623 Martin Akerman v. Nevada National Guard Nevada 2023-12-11 Denied Relisted (2) constitutional-rights detention detention-challenge due-process federal-law habeas-corpus military-jurisdiction nevada-supreme-court Whether the Nevada Supreme Court made an error in naming the Nevada National Guard as the sole respondent in a habeas corpus petition
23A441 Trent Drexel Howard v. United States Ninth Circuit 2023-11-16 Presumed Complete constitutional-rights detention government-delay pro-se-petition sixth-amendment speedy-trial-act Whether the Sixth Amendment and Speedy Trial Act permit a court to deny a motion to dismiss an indictment when the government deliberately delayed the…
23-5952 Semaj Lemar Williams v. United States Sixth Circuit 2023-11-03 Denied Response WaivedRelisted (2)IFP 4th-amendment detention evidence-suppression exclusionary-rule fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop Did the district court improperly deny suppression and did the appellate court improperly affirm the district court?
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…
22-7434 In Re Thomas Kuna-Jacob 2023-05-01 Denied IFP asylum civil-rights constitutional-law detention due-process immigration Whether the federal government's policy of detaining asylum seekers violates due process
22-6989 In Re Irina Collier 2023-03-13 Denied IFP civil-procedure civil-rights contempt-of-court detention due-process standing Whether the San Diego U.S. District Court had jurisdiction to ignore all of due process and the Constitution by summarily arresting and detaining the …
22-6441 James D. Dayvault v. Kansas Kansas 2023-01-03 Denied Response WaivedIFP civil-rights consensual-encounter custody detention due-process family-law fourth-amendment law-enforcement photography reasonable-person reasonable-person-standard seizure Did the Kansas Court of Appeals err when it affirmed the trial court's denying custody for the purposes of Ananda, and did the court err by applying t…
22-474 Laddie Huffman, et al. v. Rachel Harris Fifth Circuit 2022-11-18 Dismissed Response RequestedResponse Waived civil-rights constitutional-duties criminal-procedure detention due-process fifth-circuit mental-health qualified-immunity schizophrenic-inmate section-1983 Whether the Fifth Circuit erred in finding that the Due Process Clause imposes an obligation on county sheriffs to release a violently dangerous schiz…
22-5767 Silas Kendricks v. Okeechobee Correctional Institution, et al. Florida 2022-10-05 Denied Response WaivedIFP civil-rights constitutional-rights detention due-process equal-protection florida-statute legal-adherence procedural-violation respondent-liability Whether the detention of detainees by the respondent is unconstitutional due to the respondent's failure to adhere to the applicable Florida statute, …
22-307 Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards Michigan 2022-09-29 Denied Response Waived commonsense-judgments criminal-procedure detention frisk human-behavior law-enforcement officer-experience probable-cause reasonable-suspicion terry-stop weapons-frisk Whether the respondents were reasonably detained, and whether a frisk for weapons of a person reasonably detained may be based on commonsense judgment…
21-7596 Janai Meeks v. Butte County District Attorney, et al. Ninth Circuit 2022-04-12 Denied Response WaivedIFP civil-rights constitutional-provisions detention due-process equal-protection judicial-review jurisdictional-issues juvenile-justice legal-interpretation procedural-rules standing statutory-provisions Whether the juvenile court erred in ordering the placement of the petitioner in a juvenile detention facility without due process
21-7279 Charlie Foster v. United States Eighth Circuit 2022-03-04 Denied Response WaivedIFP civil-rights constitutional-law detention due-process fourth-amendment law-enforcement probable-cause search-and-seizure traffic-stop Whether a law enforcement officer may extend a traffic stop by asking for a driver's license and registration after confirming no traffic violation oc…
21-7038 Jeremy William Lillich v. United States Eighth Circuit 2022-02-01 Denied Response WaivedIFP criminal-procedure detention fourth-amendment identification reasonable-suspicion search-and-seizure terry-stop warrant-execution Did the lower courts depart from the accepted course of judicial proceedings by allowing detention based on dispelled reasonable suspicion?
21-6939 Clarence Tramiel Beard v. United States Fifth Circuit 2022-01-24 Denied Response WaivedIFP detention fourth-amendment investigatory-detention law-enforcement-procedure mail mail-seizure package-transportation reasonable-suspicion transportation united-states-v-place whether-the-investigatory-detention-and-subsequent-transportation-of-an-item-seized-from-the-mail-intrudes-on-a-possessory-interest-protected-by-the-f…
21-6890 Robert William Moats v. United States Fourth Circuit 2022-01-20 Denied Response WaivedIFP civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure Whether the majority opinion of the United States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and …
21-952 Lamont Lendell Bagley v. Virginia Virginia 2021-12-29 Denied detention fourth-amendment investigatory-detention protective-search protective-search-exception roadside-encounter terry-stop traffic-stop unoccupied-vehicle vehicle-search warrant-requirement Whether the protective search exception to the Fourth Amendment's warrant requirement extends to an unoccupied vehicle if the former occupant is detai…
21-6615 Fabian I. Sanchez v. United States Tenth Circuit 2021-12-15 Denied Response WaivedIFP civil-rights detention fourth-amendment law-enforcement probable-cause reasonable-suspicion search-and-seizure seizure Whether a person may be detained on a hunch after the officer's suspicions have been dispelled
21-6135 Jesus Ramirez-Barrera v. United States Fourth Circuit 2021-11-02 Denied Response WaivedIFP bail community-danger criminal-procedure detention district-court-review due-process extraordinary-reasons judicial-discretion public-safety relief-standard sentencing sentencing-review Whether the district court erred in deciding that petitioner has not shown extraordinary and compelling reasons and that he was a danger to the commun…
20-8445 Christian Kalen Crawford v. Florida Florida 2021-06-29 Denied IFP 4th-amendment 5th-amendment blood-draw criminal-procedure detention due-process fourth-amendment probable-cause search-and-seizure traffic-stop Whether law enforcement officers may extend the detention of a driver involved in an accident resulting in the death of another person in order to wai…
20-7942 Darryl C. Daniels v. Florida Florida 2021-05-05 Denied IFP civil-commitment civil-procedure civil-rights constitutional-rights detention due-process florida-law free-speech habeas-corpus standing takings How can FLORIDA STATUTE 394.910 The Involuntary Civil Commitment of Sexually Violent Predators Act be constitutional when legislative acts are require…
20-1358 Arthur O. Armstrong v. United States Court of Appeals for the Fourth Circuit Fourth Circuit 2021-03-26 Denied 14th-amendment 4th-amendment civil-rights conspiracy constitutional-violation deprivation-of-liberty detention due-process fourteenth-amendment fourth-amendment Whether appellees acted in a conspiracy to deprive appellant of liberty or property without due process of law
20-7208 Bruce Harold Hendler v. United States Fifth Circuit 2021-02-22 Denied Response WaivedIFP circuit-split detention exclusionary-rule fourth-amendment search-and-seizure supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit affirming the denial of a motion to suppress a detention and seizure …
20-888 Abdul Razak Ali v. Joseph R. Biden, Jr., President of the United States, et al. District of Columbia 2021-01-04 Denied Amici (1) constitutional-rights detention due-process foreign-nationals guantanamo guantanamo-detention habeas-corpus military-commissions Whether the Due Process Clause of the Constitution applies to the detentions of foreign nationals at Guantanamo
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…
20-6480 Maurice Freeman v. United States Eighth Circuit 2020-11-30 Denied Response WaivedIFP 4th-amendment bailey-v-united-states detention fourth-amendment immediate-vicinity michigan-v-summers police-authority premises-search probable-cause reasonable-suspicion search-and-seizure search-warrant Does the rule of Michigan v. Summers extend to individuals on a public street near the residence?
20-6467 Craig Howard v. United States Sixth Circuit 2020-11-27 Denied Response WaivedIFP 4th-amendment co-tenant co-tenant-consent consent-to-search detention fernandez fourth-amendment law-enforcement physical-presence randolph reasonable-search search-and-seizure Does the lawful detention of an objecting co-tenant in a squad car on the premises to be searched make him absent such that another co-tenant may cons…
20-595 Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett Eleventh Circuit 2020-11-05 Denied 4th-amendment civil-rights constitutional-reasonableness detention detention-duration due-process dui dui-arrest fourth-amendment law-enforcement probable-cause Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of al…
20-234 Immigration and Customs Enforcement, et al. v. Yolany Padilla, et al. Ninth Circuit 2020-08-27 GVR 5th-amendment classwide-injunction credible-fear detention due-process expedited-removal immigration immigration-detention statutory-interpretation Whether 8 U.S.C. authorizes the government to detain aliens who are placed in expedited removal proceedings, but who then establish a credible fear of…
20-202 Robert Massie v. Basilea Mena Ninth Circuit 2020-08-21 Denied Response RequestedResponse WaivedRelisted (2) civil-rights clearly-established-law detention excessive-force fourth-amendment law-enforcement police-conduct qualified-immunity use-of-force Whether Officer Massie's actions constituted excessive force in violation of the Fourth Amendment
20-5242 Maurice Miles v. CDCR Correctional Officers, et al. Ninth Circuit 2020-07-31 Denied IFP asylum civil-rights detention due-process habeas-corpus immigration Whether the U.S. government's policy of detaining asylum-seekers indefinitely without bond hearings violates the Due Process Clause of the Fifth Amend…
19-1309 Kari Janae Phipps v. Idaho Idaho 2020-05-21 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment detention detention-authority fourth-amendment michigan-v-summers probation probation-search reasonable-suspicion residence-check search-and-seizure search-warrant summers-doctrine Whether the 'limited authority to detain' during the execution of a judicially approved search warrant for contraband, Michigan v. Summers, 452 U.S. 6…
19-8249 Rodney Jackson v. United States Sixth Circuit 2020-04-13 Denied Response WaivedIFP bell-v-wolfish constitutional-rights detention fourth-amendment handcuffed-individual minor-offense public-search search-and-seizure strip-search unreasonable-search Whether a public strip search of a handcuffed, detained individual suspected of a minor offense violates one's Fourth Amendment right to be free from …
19-8163 In Re Marie Joy Tanamor-Steffan 2020-04-02 Denied IFP administrative-procedure civil-rights constitutional-rights detention due-process executive-authority habeas-corpus immigration immigration-detention Whether the petitioner's prolonged immigration detention without a bond hearing violates the Due Process Clause of the Fifth Amendment
19-7901 Thomas Powers v. Travis Smith, et al. Seventh Circuit 2020-03-06 Denied IFP 14th-amendment civil-procedure-rules due-process equal-protection federal-jurisdiction standing access-to-courts civil-rights detention due-process filing-fees indigency Whether an indigent civil detainee is denied access to the court due to inability to pay filing fees
19-7507 Tommy Gurule v. United States Tenth Circuit 2020-01-30 Denied Response WaivedIFP 4th-amendment consent consent-search detention fourth-amendment passenger-rights passengers search-and-seizure traffic-stop vehicle-search If the driver of a car consents to its search, may officers frisk non-consenting passengers and detain them for the duration of the search?
19-897 Tae D. Johnson, Acting Director of U.S. Immigration and Customs Enforcement, et al. v. Maria Angelica Guzman Chavez, et al. Fourth Circuit 2020-01-21 Judgment Issued Amici (7)Relisted (2) 8-usc-1226 8-usc-1231 administrative-law detention immigration-detention immigration-law immigration-procedure removal-order statutory-interpretation withholding-of-removal withholding-removal Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8…
19-6655 Terrence Leonard Mathis v. United States Eleventh Circuit 2019-11-18 Denied IFP certiorari criminal-procedure criminal-procedure-rights detention due-process fifth-amendment habeas-corpus interrogation rehaif-standard rehaif-v-united-states remand right-to-counsel Whether the Court should grant certiorari, vacate the judgment below, and remand for reconsideration in light of Rehaif v. United States, 189 S. Ct. 2…
19-292 Roxanne Torres v. Janice Madrid, et al. Tenth Circuit 2019-09-04 Judgment Issued Amici (13)Response RequestedResponse WaivedRelisted (2) apprehension circuit-split civil-rights constitutional-law detention excessive-force fourth-amendment physical-force police-force seizure Is an unsuccessful attempt to detain a suspect by use of physical force a 'seizure' within the meaning of the Fourth Amendment?
19-294 Usama Jamil Hamama, et al. v. Rebecca Adducci, et al. Sixth Circuit 2019-09-04 Denied Relisted (2) country-conditions deportation detention due-process ethnic-minorities immigration-court immigration-law removal-orders removal-proceedings suspension-clause torture torture-convention torture-protection Whether section 1252(g) is unconstitutional under the Suspension Clause as applied to Petitioners
19-5697 Felipe Vinagre-Hernandez v. United States Fifth Circuit 2019-08-23 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure detention detention-motion federal-rules-of-criminal-procedure indictment judicial-interpretation jurisdiction legal-timing pretrial-motion speedy-trial-act Whether a motion for detention filed before an indictment or information charging a person has been obtained is a pretrial motion within the meaning o…
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
19-5306 Born Murray v. United States Sixth Circuit 2019-07-25 Denied Response WaivedIFP civil-rights detention fourth-amendment investigation investigative-detention law-enforcement reasonable-suspicion seizure time-frame traffic-stop Where a police officer admittedly abandons the initial basis for a traffic stop to pursue a new investigation unsupported by reasonable suspicion, doe…
18-9492 Valentin Spataru v. Rick Ramsay Florida 2019-05-31 Denied IFP 8th-amendment battery civil-liberties civil-rights constitutional-rights cruel-and-unusual-punishment detention due-process eighth-amendment intentional-infliction-of-emotional-distress law-enforcement-detention Whether ~30' transportation to jail in a law-enforcement hyperthermic, 'cooking' car is cruel and unusual punishment
18-1466 County of Sonoma, California, et al. v. Rafael Mateos Sandoval, et al. Ninth Circuit 2019-05-24 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) 4th-amendment constitutional-rights continued-detention detention due-process fourth-amendment lawful-seizure monell-liability municipal-liability property-rights property-seizure public-safety section-1983 seizure vehicle-impound Whether the Fourth Amendment can be violated by the government's mere continued detention of property even though its full-blown seizure satisfied the…
18-8361 Arturo Sarli v. United States Fifth Circuit 2019-03-11 Denied Response WaivedIFP 4th-amendment civil-rights consent-to-search custodial-interrogation detention due-process fourth-amendment fruit-of-the-poisonous-tree law-enforcement probable-cause search-and-seizure search-consent vehicle-search Whether consent to search comes to a natural end after a thorough and fruitless search has been conducted or may officers use the initial consent to s…
18-1157 Edwin A. Vega v. Ohio Ohio 2019-03-07 Denied detention fourth-amendment law-enforcement probable-cause reasonable-suspicion rodriguez-v-united-states search-and-seizure united-states-v-ross usps vehicle-search Did the Ohio Supreme Court reverse Rodriguez v. United States and permit unlawful detention and search in violation of the Fourth Amendment?
18-8015 In Re Michael Ojegba Agbonifo 2019-02-19 Denied Response WaivedIFP appeal constitutional-rights criminal-detention criminal-procedure criminal-proceedings detention due-process indefinite-detention judicial-misconduct legal-representation not-guilty right-to-counsel right-to-trial trial Is it Constitutional for a District Court Judge to Hold an accused in an alleged criminal proceedings indefinitely in detention without TRIAL when the…
18-797 Brian M. Burmaster v. Stephen J. Herman, et al. Seventh Circuit 2018-12-21 Denied Response Waived civil-rights detention detention-without-trial due-process enforced-disappearance habeas-corpus international-law rome-statute rome-statutes seventh-circuit Is being detained without a trial for two years a frivolous case or an international case of enforced disappearance?
18-740 Moath Hamza Ahmed al-Alwi v. Donald J. Trump, President of the United States, et al. District of Columbia 2018-12-11 Denied Relisted (5) armed-conflict authorization-for-use-of-military-force constitutional-limits detention detention-authority due-process enemy-combatant guantanamo-bay habeas-corpus law-of-war military-detention Whether the government's statutory authority to detain Mr. al-Alwi has unraveled
18-6925 Warren Tarver v. Florida Florida 2018-12-06 Denied Response WaivedIFP capital-felony detention due-process equal-protection fifth-amendment fourteenth-amendment noncapital-offense pro-se-claim Whether it is a violation of due process under the Fourteenth Amendment for a person to be detained for an offense that is legislatively designated a …
18-689 Mariano Moya, et al. v. Robert Garcia, Sheriff, Santa Fe County, New Mexico, et al. Tenth Circuit 2018-11-26 Denied 42-usc-1983 arraignment causation civil-procedure civil-rights constitutional-rights detention due-process section-1983 standing state-court When a jailer detains a person for an extended period with no access to a court hearing for arraignment and bail review, in violation of his or her Du…
18-6122 Sheri Lee Pualani Kapahu v. United States Ninth Circuit 2018-09-28 Denied Response WaivedIFP boarding-a-plane consensual-encounter detention drug-possession federal-agent fourth-amendment law-enforcement-interaction reasonable-person reasonable-person-standard search-and-seizure Whether a reasonable person would feel free to ignore a federal agent's direct accusation of drug possession and go about her business of boarding a p…
18-6091 In Re Steven A. Walcott, Jr. 2018-09-25 Denied IFP bail civil-rights criminal-procedure detention due-process equal-protection ineffective-assistance-of-counsel pretrial-detention release speedy-trial Whether the State of Louisiana violated the petitioner's constitutional rights
18-5617 Gregory Bartunek v. United States Eighth Circuit 2018-08-16 Denied Response WaivedIFP 18-usc-3142 18-usc-3156 bail bail-denial constitutional-violations crimes-of-violence detention detention-order due-process presumption-of-innocence pretrial-detention speedy-trial Is it unconstitutional for the legislature to define all Chapter 110 crimes of 18 United States Code (18 U.S.C.), in particular § 2252, and 2252A, as …
18-177 Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, Colorado, et al. Tenth Circuit 2018-08-09 Denied bond-release constitutional-rights criminal-procedure detention detention-rights due-process fourteenth-amendment fundamental-liberty fundamental-right judicial-scrutiny liberty-interest reasonably-related strict-scrutiny substantive-due-process When does a criminal defendant's right to be released from jail after posting bond implicate a fundamental right of liberty?
18-5423 Seungjin Kim v. United States Customs and Border Protection District of Columbia 2018-08-02 Denied Response WaivedIFP asylum asylum-seekers border-entry constitutional-law criminal-activity detention detention-conditions due-process equal-protection immigration-detention immigration-law presidential-authority presidential-powers visa-restrictions Whether inadmissible asylum-seekers who are victims of qualifying criminal activity involving U.S. citizens can be lawfully detained or denied entry u…