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Johndrell Elliott v. Ohio

Paid petition · Court of Appeals of Ohio, Guernsey County, No. 18 CA 22 · judgment October 23, 2019


Certiorari denied · June 8, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I GIVEN A TRAFFIC STOP MADE BY THE STATE TROOPER, WHO WAS THE “DOG HANDLER” INVOLVED, WAS ACTUALLY IN THE PROCESS OF FINALIZING HIS TICKET WRITING, WHEN HE STOPS DOING SO AFTER JOINED BY OTHERS. HE THEN ORDERS THE PEOPLE OUT OF THE VEHICLE AND MAKE USE OF HIS DOG WHO THEN ALERTS: CAN THE DRUG OFFENSE ARREST BASED ON THESE FACTS SURVIVE RODRIGUEZ V. U.S., 135 S. CT. 1609 (2015)? II GIVEN THE REMOVAL OF THE MOTORIST AND HIS PASSENGER FROM THEIR VEHICLE (BY A TROOPER) WHO WAS IN THE FINAL PHASES OF WRITING A WARNING TICKET (HERE FOR A WINDOW TINT VIOLATION), WHICH RENDERED THE VEHICLE A LAWFULLY PARKED VEHICLE, BE SEARCHED WITHOUT A WARRANT? III WHERE THE TROOPER WHO WAS FINALIZING HIS WRITING OF A TICKET (FOR A TINT VIOLATION), IS JOINED BY OTHER TROOPERS, LITERALLY STOPS DOING SO TO ORDER THE PEOPLE OUT OF THE VEHICLE SO HE CAN MAKE USE OF HIS “DOG”: CAN THE USE OF THE DOG BE SAID TO BE ANYTHING OTHER THAN A WARRANTLESS SEARCH, WHICH REQUIRED PROBABLE CAUSE?

Counsel of record

For petitioner
James R Willis
Private Practice

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 08 2020
    Petition DENIED.
  2. May 19 2020
    DISTRIBUTED for Conference of 6/4/2020.
  3. Apr 03 2020
    Petition for a writ of certiorari filed. (Response due May 8, 2020)