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Nelson v. City of Rochester

Petition for certiorari denied on February 25, 2013
Docket No. Argument Opinion Vote Author Term
12-646 N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Fourth Amendment prohibits the issuance of general warrants to search occupied private dwellings, without individualized suspicion of wrongdoing, for the purpose of seeking evidence of zoning, housing code and other administrative violations that are punishable by fines and/or incarceration; (2) whether the Fourth Amendment’s requirement that warrants particularly describe the things to be seized applies to an administrative search warrant authorizing the search of an occupied private dwelling; and (3) whether a local law that authorizes the periodic issuance of general warrants against rented homes without any factual showing of wrongdoing, while requiring traditional probable cause and particularity to obtain a warrant against the home of a landowner, offends the Equal Protection Clause.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 12 2012Application (12A265) to extend the time to file a petition for a writ of certiorari from September 25, 2012 to November 24, 2012, submitted to Justice Ginsburg.
Sep 17 2012Application (12A265) granted by Justice Ginsburg extending the time to file until November 26, 2012.
Nov 20 2012Petition for a writ of certiorari filed. (Response due December 26, 2012)
Nov 30 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Dec 10 2012Order extending time to file response to petition to and including January 25, 2013.
Dec 20 2012Motion for leave to file amicus brief filed by New York State Coalition of Property Owners and Businesses.
Dec 21 2012Motion for leave to file amici brief filed by Cato Institute, et al.
Dec 26 2012Motion for leave to file amicus brief filed by Institute for Justice.
Jan 24 2013Brief of respondent City of Rochester, New York in opposition filed.
Feb 6 2013DISTRIBUTED for Conference of February 22, 2013.
Feb 25 2013Motion for leave to file amicus brief filed by New York State Coalition of Property Owners and Businesses GRANTED.
Feb 25 2013Motion for leave to file amicus brief filed by Institute for Justice GRANTED.
Feb 25 2013Motion for leave to file amici brief filed by Cato Institute, et al. GRANTED.
Feb 25 2013Petition DENIED.