Fabian Aldair Rodriguez-Montes v. Texas

QUESTIONS(S) PRESENTED

1. ) Whether the Fourth Amendment permits law enforcement officers to detain and frisk an individual based primarilyt,on an anonymous tip and ambiguous, non-criminal conduct, contrary to Terry v. Ohio, 392 U.S. 1 (1968), Florida v. J.L., 529 U.S. 266 (2000), and Florida v. Royer, 460 U.S. 491 (1983).

2. ) Whether a warrantless search violated the Fourth and Four­ teenth Amendments when officers escalate a brief encounter into a hands-on detention and frisk without probable cause or individualized suspicion that the suspect is armed and dangerous, in violation of Minn. v. Dickerson, 508 U.S. 366 (1993), and Ybarra v. Illinois, 444 U.S. 85 (19791)1.

3. ) Whether the Due Process Clause of the Fourteenth Amendment requires a jury instruction when disputed facts concerning the legality of a search are raised at trial, and whether a Court may deny such an instruction by resolving factual dis­ putes itself, contrary to Jackson v. Virginia, 443 U.S. 307 (1979).

4. ) Whether the appellate courts may credit officer testimony over objective video evidence, thereby insulating Fourth Amendment violations from meaningful review, inccoriflict with Scott v. Harris, 550 U.S. 372 (2007).