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Isaac Alvarez v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-12286 · judgment June 13, 2025
Question presented
Where there is no specific and articulable reason to objectively believe any occupant of a stopped vehicle is armed, dangerous, or involved in criminal conduct—but simply that the vehicle has potentially committed a non-criminal traffic violation—is an officer’s approach to the vehicle at gunpoint, extraction and frisk of the driver at gunpoint, and (after discovering no weapon) directing him to the patrol car at gunpoint without asking a single investigatory question, permissible under Terry v. Ohio, 392 U.S. 1 (1968), or do these actions either individually or cumulatively constitute a de facto arrest without probable cause—unjustifiable on an officer safety rationale?
Counsel of record
For petitioner
Brenda Greenberg Bryn
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 02 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 25 2025Waiver of right of respondent United States to respond filed.
- Sep 11 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2025)