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Aldo Daniel Gastelum v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-3451 · judgment September 1, 2021


Certiorari denied · May 2, 2022
Pre-decision estimate: 2% cert probability

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

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

Conference history
Distributed for 1 conference

Proceedings

  1. May 02 2022
    Petition DENIED.
  2. Apr 13 2022
    DISTRIBUTED for Conference of 4/29/2022.
  3. Mar 25 2022
    Brief of respondent United States in opposition filed.
  4. Feb 17 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including March 25, 2022.
  5. Feb 16 2022
    Motion to extend the time to file a response from February 25, 2022 to March 25, 2022, submitted to The Clerk.
  6. Jan 20 2022
    Motion to extend the time to file a response is granted and the time is extended to and including February 25, 2022.
  7. Jan 19 2022
    Motion to extend the time to file a response from January 26, 2022 to February 25, 2022, submitted to The Clerk.
  8. Dec 21 2021
    Petition for a writ of certiorari filed. (Response due January 26, 2022)