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Alwasi Yong v. Pennsylvania
Paid petition · Supreme Court of Pennsylvania, Eastern District, No. 19 EAP 2016 · judgment January 18, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Courts examine “the facts known to the arresting officer at the time of the arrest” in assessing probable cause or reasonable suspicion under the Fourth Amendment. Devenpeck v. Alford, 543 U.S. 146, 152 (2004). Nonetheless, an officer may lawfully act in reliance on an order issued by another officer who had the requisite personal knowledge. United States v. Hensley, 469 U.S. 221 (1985); Whiteley v. Warden, 401 U.S. 560 (1971). The question presented is: Whether, in the absence of such an order, an officer who lacks probable cause or reasonable suspicion may conduct an arrest, search, or frisk, so long as a court later determines that another officer who happened to be present at the scene had the requisite personal knowledge, even if that officer did not communicate it to the acting officer. (I)
Counsel of record
For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP
For respondent
Nancy Winkelman
District Attorney's Office
Proceedings
- Oct 15 2018Petition DENIED.
- Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
- Sep 25 2018Reply of petitioner Alwasi Yong filed. (Distributed)
- Sep 12 2018Brief of respondent Commonwealth of Pennsylvania in opposition filed.
- Jul 24 2018Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2018.
- Jul 20 2018Motion to extend the time to file a response from August 13, 2018 to September 12, 2018, submitted to The Clerk.
- Jul 13 2018Response Requested. (Due August 13, 2018)
- Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 20 2018Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
- May 18 2018Petition for a writ of certiorari filed. (Response due June 21, 2018)
- Apr 09 2018Application (17A1082) granted by Justice Alito extending the time to file until May 18, 2018.
- Apr 06 2018Application (17A1082) to extend the time to file a petition for a writ of certiorari from April 18, 2018 to June 15, 2018, submitted to Justice Alito.