Supreme Court of the United States · Official docket →
Dennis Lemma, Sheriff, Seminole County, Florida v. Seana Barnett
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-12238 · judgment April 15, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Is it constitutionally unreasonable for a jail to detain for eight hours any driver arrested with probable cause for driving under the influence of alcohol or drugs (DUI), especially where the detention is expressly authorized by state statute?
-
When a person is arrested based on probable cause for DUI and the arresting officer initially suspects alcohol as the cause of impairment, does the Fourth Amendment require immediate release of the arrestee upon .000 breathalyzer results for alcohol when results of urinalysis for drugs is not known for weeks?
-
When a person is arrested by a law enforcement officer based on probable cause and the arrestee is taken to jail, does the Fourth Amendment place on jail officials an independent and continuing obligation to reevaluate the arresting officer’s finding of probable cause prior to judicial review of probable cause for continued detention?
-
Must jail officials release an arrestee prior to magistrate review of probable cause when post-arrest evidence shows “beyond a reasonable doubt” that probable cause for continued detention is lacking, as held by the Eleventh and Fifth Circuits, or may the jailer continue to lawfully hold the suspect based on probable cause for the underlying arrest, as held by the Sixth Circuit?
Counsel of record
For petitioner
Donald Andrew DeBevoise
DeBevoise & Poulton, P.A.
For respondent
Kendra D. Presswood
Shankman Leone PA
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 22 2021Petition DENIED.
- Jan 20 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 06 2021Brief of respondent Seana Barnett in opposition filed.
- Nov 18 2020Motion to extend the time to file a response is granted and the time is extended to and including January 6, 2021.
- Nov 17 2020Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk.
- Oct 30 2020Petition for a writ of certiorari filed. (Response due December 7, 2020)