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Corey Forest v. Tennessee

Paid petition · Supreme Court of Tennessee, Middle Division, No. M2020-00329-SC-R11-CD · judgment October 24, 2022


Certiorari denied · April 3, 2023
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Whether a law enforcement officer acting as a private citizen who initiates a traffic stop with no intention of ever attempting to complete the “mission” of the traffic stop has the authority to prolong the duration of the traffic stop in five discretely different ways while waiting on a drug dog to arrive?

  2. Whether a law enforcement officer acting as a private citizen may permissibly conduct a “citizen’s arrest” for the offense of speeding, even though the statute governing the offense of speeding requires the issuance of a traffic citation to the person in lieu of arrest, continued custody, and the taking of the arrested person before a magistrate?

  3. Assuming, arguendo, that a law enforcement officer acting as a private citizen may permissibly conduct a citizen’s arrest for an offense,

Counsel of record

For petitioner
Brandon Elijah White
The Law Office of Brandon E. White

For respondent
Thomas Austin Watkins
Office of Tennessee Attorney General

Case

Conference history
Distributed for 1 conference

Linked docket
22A681

Proceedings

  1. Apr 03 2023
    Petition DENIED.
  2. Mar 15 2023
    DISTRIBUTED for Conference of 3/31/2023.
  3. Mar 13 2023
    Waiver of right of respondent State of Tennessee to respond filed.
  4. Feb 22 2023
    Petition for a writ of certiorari filed. (Response due April 3, 2023)
  5. Jan 31 2023
    Application (22A681) granted by Justice Kavanaugh extending the time to file until February 22, 2023.
  6. Jan 23 2023
    Application (22A681) to extend the time to file a petition for a writ of certiorari from January 22, 2023 to February 22, 2023, submitted to Justice Kavanaugh.