UNITED STATES v. COLE (2021)

United States Court of Appeals, Seventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Janhoi COLE, Defendant-Appellant.

No. 20-2105

Decided: June 09, 2021

W. Scott Simpson, Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee Daniel J. Hillis, Attorney, Office of the Federal Public Defender, Springfield, IL, Thomas W. Patton, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant

ORDER

The court has voted sua sponte to rehear this appeal en banc. Accordingly, the panel opinion of April 16, 2021 is vacated, and the court will set an argument date by separate order.

The parties shall each file a supplemental brief of up to 8,000 words no later than July 15, 2021 on the questions whether and when travel-plan questions fall within the “mission” of a traffic stop under Rodriguez v. United States, 575 U.S. 348, 135 S.Ct. 1609, 191 L.Ed.2d 492 (2015). The parties’ briefs should also address how the court's recent decision in United States v. Lewis, 920 F.3d 483 (7th Cir. 2019), affects those questions, and whether and when an officer may ask travel-plan questions if such questions are not part of the “mission” of a stop.

By the Court:

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