pretextual-stop

13 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5534 Anthony Wayne Hawkins v. United States Fourth Circuit 2024-09-12 Denied Response WaivedIFP confrontation-clause cooperating-witness due-process law-enforcement-database pretextual-stop witness-bias Whether the Confrontation Clause permits cross-examination of a cooperating witness regarding the extent of benefits received and whether due process …
23-7824 Kwuan Montrell Baker v. United States Eleventh Circuit 2024-06-28 Denied Response WaivedIFP fourth-amendment fourth-amendment-balancing law-enforcement pretextual-stop probable-cause reasonable-suspicion traffic-stop whren-v-united-states Whether an admittedly pretextual traffic stop based on reasonable suspicion, rather than probable cause, violates the Fourth Amendment
23-5982 Garnet Small v. United States Third Circuit 2023-11-09 Denied Response WaivedIFP equal-protection fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion traffic-stop traffic-stops whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), should be overruled
22-830 Corey Forest v. Tennessee Tennessee 2023-03-02 Denied Response Waived 4th-amendment citizen-arrest citizen's-arrest civil-rights drug-dog law-enforcement pretextual-stop search-and-seizure seizure traffic-stop Whether a law enforcement officer acting as a private citizen has the authority to prolong a traffic stop
21-7416 Trevor Dawson Ewers v. Virginia Virginia 2022-03-18 Denied Response WaivedIFP civil-rights concerted-action constitutional-rights fourteenth-amendment fourth-amendment pretextual-stop reasonable-suspicion seizure traffic-stop Where officers work together in concerted action to 'produce' reasonable suspicion when there is none to affect a traffic stop with the sole purpose o…
21-5362 Robert Lee Crawford v. United States Ninth Circuit 2021-08-13 Denied Response WaivedIFP confrontation-clause due-process fourth-amendment fourth-amendment-violation law-enforcement-misconduct misrepresentation pretextual-stop seizure warrantless-search Is the Fourth Amendment violated by a warrantless off-site forced entry search of a gunsafe preceded by a warrantless seizure facilitated by officer m…
20-8180 Benjamin Ross v. United States Sixth Circuit 2021-06-01 Denied Response WaivedRelisted (2)IFP 4th-amendment 4th-amendment-violation fourth-amendment pretextual-stop probable-cause reasonable-suspicion rodriguez-precedent rodriguez-v-united-states traffic-stop Whether the Fourth Amendment requires reasonable, articulable suspicion and probable cause to justify a pretextual traffic stop?
20-7268 Jason P. Briscoe v. United States Tenth Circuit 2021-02-26 Denied Response WaivedIFP civil-rights constitutional-review criminal-procedure fourth-amendment police-discretion pretextual-stop pretextual-stops probable-cause traffic-violation whren-v-united-states Whether this Court's decision in Whren v. United States, 517 U.S. 806 (1996), which permits pretextual traffic stops so long as the police have probab…
20-411 Traize T. Wash v. Ohio Ohio 2020-09-29 Denied Response Waived 4th-amendment automobile-exception civil-rights fourth-amendment law-enforcement pretextual-stop probable-cause racial-profiling reasonable-suspicion search-and-seizure whren-v-united-states Whether a police officer's subjective intent should be considered in the context of a Fourth Amendment analysis involving a pretextual stop and unreas…
20-5074 Robert Banks, III v. United States Ninth Circuit 2020-07-15 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-rights fourth-amendment law-enforcement-discretion pretextual-stop racial-profiling search-and-seizure unreasonable-detention unreasonable-seizure whren-v-united-states Should Whren v. United States be overruled to protect against racial profiling and discrimination?
18-8166 Bruce Dwayne Winston v. United States Fourth Circuit 2019-02-27 Denied Response WaivedIFP 4th-amendment carpenter-v-united-states cell-site-data evidence-admissibility pretextual-stop reasonable-expectation-of-privacy search-and-seizure terry-stop unlawful-search-and-seizure Did the District Court err in admitting evidence obtained from an illegal Terry/pretextual stop in violation of the 4th Amendment?
18-6422 Larry Norton v. United States Seventh Circuit 2018-10-24 Denied Response WaivedIFP constitutional-rights exclusionary-rule fourth-amendment mistake-of-law perjury police-misconduct pretext pretextual-stop search search-and-seizure traffic-stop Does a mistake of law by police in the stopping of a vehicle render the subsequent search violative of the Fourth Amendment?
18-6310 LeShawn Lawson v. United States Ninth Circuit 2018-10-12 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment civil-rights drug-activity due-process fourth-amendment investigative-questioning pretextual-stop prolonged-detention reasonable-suspicion rodriguez-rule rodriguez-v-united-states traffic-stop Whether five minutes of drug-related investigative questioning of a driver at the beginning of an admittedly pretextual traffic stop violates the rule…