totality-of-the-circumstances

24 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5197 Curtis Mitchell Paul v. United States Sixth Circuit 2024-07-31 Denied Response WaivedIFP criminal-investigation empirical-evidence fourth-amendment officer-mistake probable-cause reasonable-suspicion seizure terry-stop terry-v-ohio totality-of-the-circumstances Whether a police officer violates the Fourth Amendment when he seizes for criminal investigation a pedestrian walking in the vicinity of a recent robb…
23-1239 Janice Hughes Barnes, Individually and as Representative of the Estate of Ashtian Barnes, Deceased v. Roberto Felix, Jr., et al. Fifth Circuit 2024-05-24 Judgment Issued Amici (36)Response Waived circuit-split civil-rights due-process excessive-force fourth-amendment graham-v-connor moment-of-threat-doctrine police-use-of-force totality-of-the-circumstances Whether courts should apply the moment of the threat doctrine when evaluating an excessive-force claim under the Fourth-Amendment
23-410 Estate of Gabriel Strickland, et al. v. Nevada County, California, et al. Ninth Circuit 2023-10-19 Denied 42-usc-1983 civil-rights deadly-force graham-factors graham-v-connor objective-reasonableness section-1983 totality-of-circumstances totality-of-the-circumstances use-of-force Whether the reasonableness of an officer's use of deadly force should be evaluated solely upon the circumstances of the final moment or upon the 'tota…
23-221 Andrew H. Zoellick v. Wisconsin Wisconsin 2023-09-08 Denied Response Waived 4th-amendment civil-rights due-process fourth-amendment jurisprudential-definition mitigating-factors probable-cause reasonable-suspicion totality-of-circumstances totality-of-the-circumstances Whether the absence of any jurisprudential definition of the term 'totality' has led to the degradation of the Fourth Amendment totality of the circum…
22-768 Angie Waller, et al. v. Richard Hoeppner, et al. Fifth Circuit 2023-02-15 Denied Response Waived civil-rights-act fourth-amendment graham-v-connor municipal-liability reasonableness reasonableness-standard search-and-seizure tennessee-v-garner totality-of-circumstances totality-of-the-circumstances Does the Fifth Circuit's 'narrowed' test of reasonableness of a search or seizure under the Fourth Amendment conflict with the Supreme Court's decisio…
22-5809 Sirron Moralez v. United States Sixth Circuit 2022-10-12 Denied Response WaivedIFP constitutional-rights container fourth-amendment law-enforcement-conduct probable-cause search-and-seizure seizure totality-of-the-circumstances traffic-stop vehicle-search Does an empty container with 'THC' on the cover justify an extended detention in a traffic stop and support the seizure of the driver and search of th…
22-275 Benjamin Braam, et al. v. Kevin A. Carr, Secretary, Wisconsin Department of Corrections Seventh Circuit 2022-09-23 Denied criminal-justice fourth-amendment gps-tracking lifetime-monitoring post-supervision sex-offender sex-offenders special-needs special-needs-doctrine totality-of-the-circumstances Whether the Wisconsin Department of Corrections' program categorically requiring lifetime GPS tracking of individuals who have been convicted of certa…
21-1559 Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook Eleventh Circuit 2022-06-14 Denied civil-rights constitutional-rights deadly-force due-process fair-notice fourth-amendment qualified-immunity totality-of-the-circumstances use-of-force When the unconstitutionality of an officer's conduct is obvious, must the court, in addressing the 'clearly established law' prong of a qualified immu…
21-8063 William Lee Wright Jr. v. California California 2022-06-06 Denied IFP civil-rights constitutional-rights criminal-procedure due-process faretta faretta-motion judicial-discretion self-representation timeliness totality-of-the-circumstances Whether a pre-trial request for self-representation under Faretta v. California is timely
21-1486 Nancy Catherine Powers v. Alabama Alabama 2022-05-25 Denied Response RequestedResponse WaivedRelisted (2) fourth-amendment premises-warrant probable-cause search-and-seizure search-warrant totality-of-the-circumstances unreasonable-search visitor visitor-rights warrantless-search Whether the search of a purse in the possession of a visitor present at a residence during the execution of a premises warrant violates the Fourth Ame…
20-1685 Scott Fulford, et al. v. George Wingate Fourth Circuit 2021-06-04 Denied civil-liability fourth-amendment law-enforcement-training qualified-immunity reasonable-suspicion terry-stop totality-of-circumstances totality-of-the-circumstances Whether the Fourth Amendment requires that seemingly innocent factors be eliminated from the totality of the circumstances analysis for a Terry stop, …
20-7464 Stephen D. Long v. Ohio Ohio 2021-03-17 Denied Response WaivedIFP 4th-amendment anonymous-informant criminal-procedure exclusionary-rule fourth-amendment probable-cause search-warrant standing totality-of-the-circumstances Can a search warrant issue for a private residence based solely on the uncorroborated statement of an anonymous citizen informant?
20-6933 Seledonio Martinez v. United States Fourth Circuit 2021-01-26 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances Whether the 46-month sentence is reasonable given the totality of the circumstances
20-183 Billy D. Stair, III v. Charles Jackson Eighth Circuit 2020-08-19 Denied excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor and Plumhoff v. Rickard in denying qualified immunity to petitioner base…
19-8676 Fatou Small v. United States Third Circuit 2020-06-11 Denied Response WaivedIFP fourth-amendment informant-tip probable-cause reasonable-suspicion totality-of-the-circumstances traffic-offense vehicle-stop Whether a vehicle stop was performed in violation of Petitioner's Fourth Amendment rights
19-5782 Tyrone Dexter Christian v. United States Sixth Circuit 2019-09-03 Denied Response WaivedIFP criminal-activity criminal-procedure exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant totality-of-the-circumstances vague-affidavit vague-and-conclusory Whether the lower court erred in finding probable cause to search petitioner's home when the court viewed the search warrant affidavit as a whole and …
19-88 Wadith Stockinger Nader, et ux. v. City of Papillion, Nebraska, et al. Eighth Circuit 2019-07-17 Denied Response Waived absolute-immunity eighth-circuit fourth-amendment law-enforcement probable-cause prosecutorial-immunity search-and-seizure totality-of-circumstances totality-of-the-circumstances Can an unverified tip constitute probable cause for arrest?
18-9523 Amnon Ami Levi v. United States Eleventh Circuit 2019-06-03 Denied Response WaivedIFP custodial-interrogation isolation language-abilities miranda-rights miranda-v-arizona neutral-location police-domination police-isolation totality-of-circumstances totality-of-the-circumstances voluntariness Whether factors of police domination and isolation can result in custodial interrogation within the meaning of Miranda v. Arizona
18-1128 Curtis Minchuk v. Craig Strand Seventh Circuit 2019-02-28 Denied Response Waived circuit-split deadly-force deadly-force-justification excessive-force fourth-amendment police-use-of-force qualified-immunity self-defense totality-of-the-circumstances use-of-force Whether evidence of a dangerous and violent suspect's sudden and unexpected gesture of surrender immediately and objectively terminates the deadly thr…
18-7914 Jay Maurice Tharps v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment anonymous-informant drug-trafficking fourth-amendment leon-exception leon-good-faith-exception partially-rotten-fruit probable-cause search-warrant totality-of-circumstances totality-of-the-circumstances Whether the Fourth Circuit erred in determining that probable cause existed
18-672 City of Newport Beach, California, et al. v. Richard Vos, et al. Ninth Circuit 2018-11-23 Denied Amici (1)Response RequestedResponse WaivedRelisted (6) ada-title-ii americans-with-disabilities-act fourth-amendment law-enforcement mental-illness totality-of-the-circumstances use-of-force Does Title II of the Americans with Disabilities Act require law enforcement officers to provide accommodations to an armed, violent, and mentally ill…
18-6432 Patrick Killen, Jr. v. United States Eleventh Circuit 2018-10-25 Denied Response WaivedIFP confession confession-voluntariness consent-to-search due-process fifth-amendment fourth-amendment interrogation interrogation-circumstances involuntary law-enforcement-tactics totality-of-the-circumstances young-adult Whether Due Process allows federal agents to obtain a confession and a consent to search from an immature, young adult that has been startled awake by…
18-6297 Jorge Robles-Avalos v. United States Fifth Circuit 2018-10-15 Denied Response WaivedIFP 4th-amendment border-patrol fourth-amendment motion-to-suppress probable-cause reasonable-suspicion search-and-seizure totality-of-the-circumstances vehicle-stop Must a court consider a Border Patrol agent's admission to routinely stopping vehicles without reasonable suspicion as part of the totality of the cir…
18-5987 Ajohntae Hammond v. United States Tenth Circuit 2018-09-14 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment officer-safety police-discretion pretext probable-cause qualified-immunity reasonable-suspicion search-and-seizure totality-of-circumstances totality-of-the-circumstances warrantless-search Whether a police officer's fear for safety justified a warrantless search