Riley v. California

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Riley v. California

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

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Conference of June 13, 2019

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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- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker -- including by compelling the testimony of high-ranking executive branch officials -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
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  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.
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  (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.
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  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
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Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
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Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
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Cases argued	69
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Summary reversals	5
Merits cases granted to date	73

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