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Junjie Li v. Rhode Island

Paid petition · Supreme Court of Rhode Island, No. 2021-153-CA · judgment July 27, 2023


Certiorari denied · March 18, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Whether the slight odor of marijuana coming from within a car stopped for a passenger’s seatbelt violation, in a state where possession of one ounce or less of marijuana has been decriminalized, combined with the natural and meaningless nervousness of the driver and his travel on I-95, is sufficient to create a reasonable suspicion to prolong the traffic stop in order to have a drug-smelling dog search the vehicle for a criminal amount of marijuana?

Counsel of record

For petitioner
John L. Calcagni III
Law Office of John L. Calcagni III, Inc.

For respondent
Christopher Robinson Bush
Rhode Island Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 21 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 01 2024
    Brief of respondent Rhode Island in opposition filed.
  4. Dec 13 2023
    Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2024. See Rule 30.1.
  5. Dec 12 2023
    Motion to extend the time to file a response from January 4, 2024 to February 3, 2024, submitted to The Clerk.
  6. Dec 05 2023
    Response Requested. (Due January 4, 2024)
  7. Nov 29 2023
    DISTRIBUTED for Conference of 1/5/2024.
  8. Nov 24 2023
    Waiver of right of respondent Rhode Island to respond filed.
  9. Oct 24 2023
    Petition for a writ of certiorari filed. (Response due November 27, 2023)