United States v. Wurie

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United States v. Wurie

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Conference of May 16, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-212	1st Cir.	Apr 29, 2014 Tr.	Jun 25, 2014	9-0	Roberts	OT 2013

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

Judgment: Affirmed, 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: 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)

Date	Proceedings and Orders (key to color coding)
Aug 15 2013	Petition for a writ of certiorari filed. (Response due September 16, 2013)
Sep 6 2013	Order extending time to file response to petition to and including October 16, 2013.
Oct 8 2013	Order further extending time to file response to petition to and including November 15, 2013.
Nov 15 2013	Brief of respondent Brima Wurie in opposition filed.
Nov 15 2013	Motion for leave to proceed in forma pauperis filed by respondent Brima Wurie.
Nov 20 2013	DISTRIBUTED for Conference of December 6, 2013.
Nov 20 2013	Reply of petitioner United States filed. (Distributed)
Dec 31 2013	DISTRIBUTED for Conference of January 17, 2014.
Jan 17 2014	Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 17 2014	Petition GRANTED.
Feb 11 2014	SET FOR ARGUMENT ON Tuesday, April 29, 2014
Feb 21 2014	Record received from U.S.C.A. 1st Circuit, (1 envelope) part of this record is SEALED. All other filings of this record is available electronically through PACER.
Mar 3 2014	Joint appendix filed.
Mar 3 2014	Brief of petitioner United States filed.
Mar 5 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the respondent.
Mar 6 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Mar 7 2014	Brief amici curiae of Criminal Law Professors in support of private parties filed. VIDED. (Distributed)
Mar 10 2014	CIRCULATED.
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 amici curiae of American Library Association, and The Internet Archive in support of Riley and Wurie filed. VIDED. (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. VIDED. (Distributed)
Mar 10 2014	Brief amicus curiae of Constitutional Accountability Center in support of Riley and Wurie filed. VIDED. (Distributed)
Apr 2 2014	Brief of respondent Brima Wurie filed. (Distributed)
Apr 9 2014	Brief amici curiae of National Association of Federal Defenders, et al., filed. (Distributed).
Apr 9 2014	Brief amici curiae of Downsize DC Foundation, et al., filed. (Distributed).
Apr 9 2014	Brief amicus curiae of Cato Institute filed. (Distributed)
Apr 9 2014	Brief amici curiae of Southwestern Law Student Anna Aran, et al. filed. (Distributed)
Apr 9 2014	Brief amicus curiae of The Rutherford Institute filed. (Distributed)
Apr 22 2014	Reply of petitioner United States filed. (Distributed)
Apr 29 2014	Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Judith H. Mizner, Assistant Federal Public Defender, Boston, Mass.
Jun 25 2014	Adjudged to be AFFIRMED. 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. 13-132.
Jul 28 2014	JUDGMENT ISSUED.
Jul 28 2014	Record returned for U.S.C.A. for First Circuit.

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Academic highlight: The states arguing as amici curiae in the Supreme Court – Dan Schweitzer

Relist Watch – John Elwood

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The Supreme Court will release orders from the May 16 conference on Monday at 9:30 a.m.; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their May 23 conference.
Major Cases
- 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.
- 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.
- 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
- Apple Inc. v. Pepper Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.
- Cochise Consultancy Inc. v. United States, ex rel. Hunt The limitations period in 31 U.S.C. §3731(b)(2) -- which provides that a False Claims Act action must be brought within three years after the “the official of the United States charged with responsibility to act in the circumstances” knew or should have known the relevant facts, but not more than 10 years after the violation -- applies in a qui tam suit in which the federal government has declined to intervene; the relator in a nonintervened suit is not “the official of the United States” whose knowledge triggers §3731(b)(2)’s limitations period.
- Franchise Tax Board of California v. Hyatt Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.
see all this term’s cases »
Current Relists
- al-Alwi v. Trump (1) Whether the government’s statutory authority to detain Moath Hamza Ahmed al-Alwi has unraveled; (2) whether, alternatively, the government’s statutory authority to detain al-Alwi has expired because the conflict in which he was captured has ended; and (3) whether the Authorization for Use of Military Force authorizes, and the Constitution permits, detention of an individual who was not “engaged in an armed conflict against the United States” in Afghanistan prior to his capture.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
More Petitions »
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Cases argued 70

Cases decided 32

Summary reversals 4

Merits cases granted to date 73

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Justice Thomas at Pepperdine Law School

On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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13
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16
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20
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23
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30
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