Supreme Court of the United States · Official docket →
Aldo Daniel Gastelum v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-3451 · judgment September 1, 2021
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below, and an Eighth Circuit decision below, and down for a petition filed soon after the judgment below.
Question presented
Whether a search is “consensual” under the Fourth Amendment when a police officer directly orders an individual he is detaining to submit to the search, and the individual begins complying with the order, and the officer then says, 25 seconds later: “You don’t mind, do you? You don’t care?” and the individual continues to comply.
Counsel of record
For petitioner
Caleb Edward Mason
Werksman Jackson and Quinn LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, May 2, 2022 · Certiorari denied
Proceedings
- May 02 2022Petition DENIED.
- Apr 13 2022DISTRIBUTED for Conference of 4/29/2022.
- Mar 25 2022Brief of respondent United States in opposition filed.
- Feb 17 2022Motion to extend the time to file a response is granted and the time is further extended to and including March 25, 2022.
- Feb 16 2022Motion to extend the time to file a response from February 25, 2022 to March 25, 2022, submitted to The Clerk.
- Jan 20 2022Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022.
- Jan 19 2022Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
- Dec 21 2021Petition for a writ of certiorari filed. (Response due January 26, 2022)