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Chin v. Rutherford

Certiorari Denied

Petition for certiorari denied on June 17, 2013.

Docket No.12-1201

Issue

(1) Whether the Ninth Circuit correctly held " in conflict with the decisions of this Court and other circuits " that the Fourth Amendment imposes a mechanistic rule that police officers are forbidden from drawing their firearm during a Terry stop absent certain, predetermined "special circumstances;" and (2) whether the Ninth Circuit correctly held " in conflict with the decisions of the Supreme Court " that the Fourth Amendment rule at issue was "clearly established," such that it would have been clear to every reasonable officer in the situation that Officer Chin faced that his conduct was unlawful.

Proceedings & orders timeline

Apr 3, 2013
Petition for a writ of certiorari filed. (Response due May 3, 2013)
Apr 15, 2013
Order extending time to file response to petition to and including May 24, 2013.
May 3, 2013
Brief amici curiae of National Sheriffs' Association, et al. filed.
May 3, 2013
Brief amici curiae of Washington, et al. filed.
May 14, 2013
Brief of respondent Andrew Rutherford in opposition filed.
May 28, 2013
DISTRIBUTED for Conference of June 13, 2013.
May 28, 2013
Reply of petitioners Jonathan Chin, et al. filed. (Distributed)
Jun 17, 2013
Petition DENIED.

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