IN THE SUPREME COURT OF THE UNITED STATES Gomez, Petitioner-Appellant vs. The State of Buckeye, Respondent-Appellee On Writ of Certiorari to the Court of Appeals for the Fourteenth Circuit ORDER OF THE COURT ON SUBMISSION IT IS THEREFORE ORDERED that counsel appear before the Supreme Court to present oral argument on the following issues: 1) Whether Buckeye’s failure to recognize the out of state medical marijuana prescription and identification card violates the Full Faith and Credit clause of the Constitution? 2) Whether the stop and frisk performed by the officer was in violation of Lucia Gomez's 4° ‘Amendment protections? *This entire case is the property of the Duke Undergraduate Moot Court Association. It cannot be used without the permission of DMC.ctual Summary In June of 2015, the Olympus State Legislature passed the Medical Marijuana Act (Olympus Revised Code 123.4567 Section 8) that legalized the usage of this substance for many patients. Marijuana remains illegal for recreational use. Lucia Gomez is a 25-year-old resident of Olympus who is beginning the recovery process from a battle with breast cancer. In January of 2016, and under the recently passed legislation, her oncologist wrote her a prescription for a small daily dose of marijuana to help with her pain management and long recovery. While Lucia is living in Olympus, the rest of her family lives in the neighboring state of Buckeye. The drive to visit her family is only a couple of hours, and is one that Lucia makes several times a year. However, because of her weak condition, Lucia’s uncle, Juan, comes to pick her up and take her to Buckeye to visit with the rest of her family for a family reunion in Tune 2016. On their way to the party in Buckeye, their car is pulled over by a police officer who had been looking for Juan’s license plate number. Earlier that day, the local police department had received a tip from Juan's ex-wife, who claimed Juan was in possession of an unregistered handgun and she was concerned for her safety after their recent and messy divorce After the officer pulls them over, Lucia and Juan are ordered out of the car and instructed to put their hands up on the vehicle. Both are compliant with the orders. Juan is immediately patted down, but the officer does not find any weapons on his person. The officer then moves to Lucia, and while she is being patted down he feels a small, dense lump in her pocket. He puts his hand in her pocket to investigate the lump, and pulls out a gram of marijuana. Lucia immediately explains that she has a prescription for the substance and that she is ‘undergoing treatment for cancer. The officer allows her to go into her purse to pull out her signed prescription and her medical marijuana card issued from the State of Olympus, both of which have been notarized. The officer asks if she has the proper identification for the State of Buckeye, where the use of medical marijuana is also legal. Lucia explains that she is a resident of Olympus visiting family in Buckeye for a family reunion, and that she cannot miss a weekend’s worth of doses during her travels. After this brief discussion, the officer places Lucia under arrest for illegal possession of marijuana without a valid prescription. A few weeks later, Lucia is tried in a Buckeye State Court, during which the evidence obtained through the stop-and-frisk is used against her and ultimately leads to her conviction. Luciaappealed this decision in the U.S. Court of Appeals for the 14” Circuit, which sided with the trial court in early November. On December 3%, 2016, the Supreme Court of the United States granted certiorariAppendix A: Relevant State Legislation Olympus Revised Code 123.4567 Section 8 States: “Upon prescription of medical marijuana by a licensed physician, along with possession ofa state-issued medical marijuana card, residents of the state of Olympus may purchase and possess no more than the amount prescribed to them, which will not exceed 2 ounces of marijuana for the purposes of consumption. Residents who meet these requirements will not be subject to arrest for possessing illicit drugs” Olympus Revised Code 123.4567 Section 9 States: “A resident can qualify for a prescription of medical marijuana for the following conditions: a) current or recovering cancer patients b) all life-threatening conditions ©) chronic pain 4d) end of life care @) glaucoma 1) chronic insomnia” Buckeye Revised Code 765.4321 Section 70 States: “Marijuana can only be possessed, purchased, or consumed upon prescription by an authorized state physician and issuance of the state medical marijuana card, A prescription, and thus the amount possessed and purchased, cannot exceed | ounce of marijuana. Residents who meet these requirements will not be subject to arrest for possession of illicit drugs” Buckeye Revised Code 765.4321 Section 75 States: “Marijuana can only be prescribed for the following reasons: a) cancer treatment b) end of life care”Article 4, Section 1 states “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the ‘manner in which such acts, records, and proceedings shall be proved, and the effect thereof” Amendment 4 states: "(t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."Anticle 4: 0 2 3) 4) 3) 6) 1d VL. v. E.L., SITUS. __ (2016) Order of United Commercial Travelers of America v. Wolfe, 331 U.S. 586 (1947) Allstate Ins. Co. v. Hague, 449 U.S. 302 (1981) State of Oregon v. Joel Dennis Berringer, State of Oregon Court of Appeals (2010) Underwriters Nat'l Assur. v. N.C. Life & Acc., 455 US. 691 (1982) Hughes v. Fetter, 341 U.S. 609 (1951) Baker v. General Motors, 522 U.S. 222 (1998). 4° Amendment: 1) 2 3) 4) 3) 6) Terry ¥. Ohio, 392 US. 1 (1968) Arizona v. Johnson, $55 US. 323 (2009) Sibron v. New York, 392 U.S. 40 (1968) Peters v. New York, heard with Sibron Adams v. Williams, 407 U.S. 143 (1972) Maryland v. Wilson, 319 U.S. 408 (1997) Floyd v. City of New York, 959 F. Supp. 2d 540 (2013) Utah v. Strieff, 579 U.S. __, 136 S. Ct. 2056 (2016)