Riley v. California

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Riley v. California

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Feb. 2019

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Conference of February 15, 2019

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-132	Cal.	Apr 29, 2014 Tr.Aud.	Jun 25, 2014	9-0	Roberts	OT 2013

Disclosure: Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, was among the counsel to the petitioner in this case at the certiorari stage through the Stanford Law School Supreme Court Litigation Clinic, but it is not participating in the case at the merits stage.

Holding: The police generally may not, without a warrant, search digital information on a cellphone seized from an individual who has been arrested.

Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on June 25, 2014. Justice Alito filed an opinion concurring in part and concurring in the judgment.

Symposium: In Riley v. California, a unanimous Supreme Court sets out Fourth Amendment for digital age (Marc Rotenberg and Alan Butler)
Symposium: The Court starts to catch up with technology (Mason Clutter)
Symposium: Inaugurating the digital Fourth Amendment (Richard M. Re)
Symposium: Surprising unanimity, even more surprising clarity (Adam Gershowitz)
Symposium: A whole lot of Wurie: Information acquisition and the Fourth Amendment (Anthony Barkow Eric Del Pozo)
Get a warrant! Today's cellphone privacy decision in Plain English (Amy Howe)
Opinion analysis: Broad cloak of privacy for cellphones (Lyle Denniston)
A whole new world: Today’s oral arguments in Plain English (Amy Howe)
Argument analysis: Limiting a search? Sure, but how? (Lyle Denniston)
SCOTUS for law students (sponsored by Bloomberg Law): Searching cellphones (Stephen Wermiel)
Argument preview: Police and cellphone privacy (Lyle Denniston)
Court to rule on cellphone privacy (Lyle Denniston)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Jul 30 2013	Petition for a writ of certiorari filed. (Response due August 30, 2013)
Aug 12 2013	Waiver of right of respondent California to respond filed.
Aug 15 2013	Consent to the filing of amicus curae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Aug 21 2013	DISTRIBUTED for Conference of September 30, 2013.
Aug 30 2013	Brief amici curiae of Center for Democracy & Technology and Electronic Frontier Foundation filed. (Distributed)
Aug 30 2013	Brief amicus curiae of Constitutional Accountability Center filed.
Aug 30 2013	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 3 2013	Response Requested . (Due October 3, 2013)
Sep 27 2013	Brief of respondent California in opposition filed.
Oct 16 2013	Reply of petitioner David Leon Riley filed.
Nov 20 2013	DISTRIBUTED for Conference of December 6, 2013.
Dec 3 2013	Record Requested .
Dec 23 2013	Record received. California Court of Appeal for the Fourth Appellate District and San Diego Superior Court (1 box)
Dec 31 2013	DISTRIBUTED for Conference of January 17, 2014.
Jan 17 2014	Petition GRANTED limited to the following question: Whether evidence admitted at petitioner's trial was obtained in a search of petitioner's cell phone that violated petitioner's Fourth Amendment rights.
Feb 11 2014	SET FOR ARGUMENT ON Tuesday, April 29, 2014
Feb 18 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 19 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, rece8ved from counsel for the respondent.
Mar 3 2014	Joint appendix filed. (Statement of costs filed.)
Mar 3 2014	Brief of petitioner David Leon Riley filed.
Mar 7 2014	Brief amici curiae of Criminal Law Professors in support of private parties filed. VIDED. (Distributed)
Mar 7 2014	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Mar 10 2014	CIRCULATED.
Mar 10 2014	Brief amici curiae of American Library Assciation, and The Internet Archive in support of Riley and Wurie filed. VIDED. (Distributed)
Mar 10 2014	Brief amicus curiae of Constitutional Accountability Center in support of Riley and Wurie filed. VIDED.
Mar 10 2014	Brief amici curiae of Center for Democracy & Technology, and Electronic Frontier Foundation in support of Riley and Wurie filed. VIDED. (Distributed)
Mar 10 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers, et al. filed. (Distributed)
Mar 10 2014	Brief amicus curiae of DKT Liberty Project filed. (Distributed)
Mar 10 2014	Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Mar 10 2014	Brief amici curiae of National Press Photographers Association, et al. filed. VIDED. (Distributed)
Mar 10 2014	Brief amici curiae of Professors Charles E. MacLean & Adam Lamparello filed. (Distributed)
Mar 10 2014	Brief amicus curiae of The Cato Institute filed. (Distributed)
Apr 2 2014	Brief of respondent California filed. (Distributed)
Apr 9 2014	Brief amicus curiae of United States filed. (Distributed)
Apr 9 2014	Brief amici curiae of Association of State Criminal Investigative Agencies, et al. filed. (Distributed)
Apr 9 2014	Brief amici curiae of Arizona, et al. filed. (Reprinted) (Distributed)
Apr 10 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 18 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 22 2014	Reply of petitioner David Leon Riley filed. (Distributed)
Apr 29 2014	Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Edward C. DuMont, Solicitor General, San Francisco, Cal.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 25 2014	Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment. VIDED with No. 13-212.
Jul 28 2014	MANDATE ISSUED.
Jul 28 2014	Record returned for Court of Appeal of California, Fourth Appellate District, Division One.

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Court will review census citizenship dispute this term – Amy Howe

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The Supreme Court will release orders from the February 15 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday at 10 a.m.
On Tuesday, the justices hear oral argument in Return Mail Inc. v. United States Postal Service.
On Wednesday, the justices hear oral argument in Mission Product Holdings Inc. v. Tempnology, LLC.
On Friday, the justices will meet for their February 22 conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Cases argued 43

Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73