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Jesus Leonardo Esquivel-Carrizales v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20586 · judgment August 10, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 9% cert probability (95% interval 7%–13%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

While out shopping five days before Christmas, Petitioner had a brief interaction in the public parking lot of a shopping center with a man agents suspected was involved in drug trafficking. After Petitioner left the parking lot, a police officer stopped Petitioner for a purported traffic violation but never conducted a records check or issued a ticket. The Fifth Circuit held the stop was lawful because police had reasonable suspicion of a drug crime—suspicion based entirely on Petitioner’s single interaction with another suspect. The question presented is, for purposes of an investigative stop under the Fourth Amendment, is it reasonable for an officer to suspect an individual of criminal activity based solely on the actions of a companion? (i)

Counsel of record

For petitioner
Jessica Alice Graf
Jessica Graf Law, PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Nov 21 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 16 2023
    Waiver of right of respondent United States to respond filed.
  4. Nov 08 2023
    Petition for a writ of certiorari filed. (Response due December 13, 2023)