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Carpenter v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
16-402 6th Cir. Nov 29, 2017 Jun 22, 2018 5-4 Roberts OT 2017

Holding: The government’s acquisition of Timothy Carpenter’s cell-site records from his wireless carriers was a Fourth Amendment search; the government did not obtain a warrant supported by probable cause before acquiring those records.

Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 22, 2018. Justice Kennedy filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Gorsuch filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 26 2016Petition for a writ of certiorari filed. (Response due October 28, 2016)
Oct 21 2016Order extending time to file response to petition to and including November 28, 2016.
Oct 28 2016Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Oct 28 2016Brief amicus curiae of Cato Institute filed.
Nov 21 2016Order further extending time to file response to petition to and including December 28, 2016.
Dec 15 2016Order further extending time to file response to petition to and including January 27, 2016.
Jan 27 2017Brief of respondent United States in opposition filed.
Feb 10 2017Reply of petitioner Timothy Ivory Carpenter filed.
Feb 15 2017DISTRIBUTED for Conference of March 3, 2017.
Feb 23 2017Rescheduled.
Mar 22 2017DISTRIBUTED for Conference of April 13, 2017.
Apr 17 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 24 2017DISTRIBUTED for Conference of April 28, 2017.
May 08 2017DISTRIBUTED for Conference of May 11, 2017.
May 15 2017DISTRIBUTED for Conference of May 18, 2017.
May 22 2017DISTRIBUTED for Conference of May 25, 2017.
May 30 2017DISTRIBUTED for Conference of June 1, 2017.
Jun 05 2017Petition GRANTED.
Jun 22 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 7, 2017.
Jun 22 2017The time to file respondent's brief on the merits is extended to and including September 25, 2017.
Jul 11 2017Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioner.
Jul 12 2017Motion for leave to proceed further herein in forma pauperis filed by petitioner Timothy I. Carpenter.
Jul 12 2017Motion to appoint counsel filed by petitioner Timothy I. Carpenter.
Jul 26 2017Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the respondent.
Aug 02 2017DISTRIBUTED for Conference of 9/25/2017.
Aug 07 2017Joint appendix filed.
Aug 07 2017Brief of petitioner Timothy I. Carpenter filed.
Aug 11 2017Brief amici curiae of Data & Society Research Institute and Fifteen scholars of Technology and Society filed.
Aug 11 2017Brief amici curiae of Competitive Enterprise Institute, et al. filed.
Aug 14 2017Brief amici curiae of Technology Companies in support of neither party filed.
Aug 14 2017Brief amicus curiae of Center for Democracy and Technology filed.
Aug 14 2017Brief amici curiae of Electronic Privacy Information Center, et al. filed.
Aug 14 2017Brief amicus curiae of The Rutherford Institute filed.
Aug 14 2017Brief amici curiae of The Center for Competitive Politics, et al. filed.
Aug 14 2017Brief amici curiae of Empirical Fourth Amendment Scholars filed.
Aug 14 2017Brief amici curiae of Scholars of the History and Original Meaning of the Fourth Amendment filed.
Aug 14 2017Brief amici curiae of The Reporters Committee for Freedom of the Press, et al. filed.
Aug 14 2017Brief amicus curiae of Restore the Fourth, Inc. filed.
Aug 14 2017Brief amici curiae of Institute for Justice, et al. filed.
Aug 14 2017Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Aug 14 2017Brief amici curiae of Scholars of Criminal Procedure and Privacy filed.
Aug 14 2017Brief amici curiae of United States Justice Foundation, et al. filed.
Aug 14 2017Brief amici curiae of Technology Experts filed.
Sep 25 2017Brief of respondent United States filed.
Sep 29 2017Brief amicus curiae of Michael Varco filed.
Oct 02 2017Motion for leave to proceed further herein in forma pauperis granted by the Court
Oct 02 2017Motion to appoint counsel filed by petitioner GRANTED and Harold Gurewitz, Esquire, of Detroit, Michigan, is appointed to serve as counsel for the petitioner in this case.
Oct 02 2017Brief amici curiae of Alabama, et al. filed.
Oct 02 2017Brief amicus curiae of Professor Orin S. Kerr filed.
Oct 02 2017Brief amicus curiae of National District Attorneys Association filed.
Oct 06 2017SET FOR ARGUMENT ON Wednesday, November 29, 2017
Oct 12 2017CIRCULATED
Oct 18 2017Record requested from the U.S.C.A. 6th Circuit.
Oct 23 2017Record received from the U.S.C.A. 6th Circuit is electronic.
Oct 24 2017Reply of petitioner Timothy I. Carpenter filed. (Distributed)
Nov 29 2017Argued. For petitioner: Nathan F. Wessler, New York, N. Y. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 22 2018Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Thomas, J., joined. Gorsuch, J., filed a dissenting opinion.
Jul 24 2018JUDGMENT ISSUED.