JOHNSON v. NOCCO

No. 21-10670.

91 F.4th 1114 (2024)

Marques A. JOHNSON, Plaintiff-Appellee, v. Chris NOCCO, in his official capacity as Sheriff, Pasco County, Florida, Defendant, James Dunn, in his individual capacity, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: January 30, 2024.


Attorney(s) appearing for the Case

Ryan David Barack , Michelle Erin Nadeau , Kwall Barack Nadeau, PLLC, Clearwater, FL, for Plaintiff-Appellee.

Thomas W. Poulton , Donald Andrew DeBevoise , DeBevoise & Poulton, PA, Winter Park, FL, Defendant-Appellant.

Before Wilson, Branch, and Tjoflat, Circuit Judges.


We sua sponte vacate our original opinion and substitute in its place the following opinion.

This appeal presents two questions. The first is whether the Fourth Amendment precluded a law enforcement officer—who had stopped a vehicle for a traffic violation —from asking a passenger in the vehicle to identify...

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