Utah v. Strieff

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Utah v. Strieff

Opinion analysis: Justices allow "peace cross" to stand (Updated) – Amy Howe

Relist Watch – John Elwood

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Conference of June 20, 2019

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
14-1373	Utah	Feb 22, 2016 Tr.Aud.	Jun 20, 2016	5-3	Thomas	OT 2015

Holding: When there was no flagrant police misconduct and a police officer discovered a valid, pre-existing, and untainted warrant for an individual’s arrest, evidence seized pursuant to that arrest is admissible even when the police officer’s stop of the individual was unconstitutional, because the discovery of the warrant attenuated the connection between the stop and the evidence.

Judgment: Reversed, 5-3, in an opinion by Justice Thomas on June 20, 2016. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined as to Parts I, II, and III. Justice Kagan filed a dissenting opinion, in which Justice Ginsburg joined.

Opinion analysis: The exclusionary rule is weakened but it still lives (Orin Kerr)
A “view” from the Courtroom: Vehicle problems (Mark Walsh)
Argument analysis: Court closely divided on the exclusionary rule (Orin Kerr)
Argument preview: Utah v. Strieff and the future of the exclusionary rule (Orin Kerr)

Date	Proceedings and Orders (key to color coding)
Mar 31 2015	Application (14A1025) to extend the time to file a petition for a writ of certiorari from April 16, 2015 to May 18, 2015, submitted to Justice Sotomayor.
Apr 6 2015	Application (14A1025) granted by Justice Sotomayor extending the time to file until May 18, 2015.
May 15 2015	Petition for a writ of certiorari filed. (Response due June 18, 2015)
Jun 11 2015	Order extending time to file response to petition to and including July 20, 2015.
Jun 18 2015	Brief amici curiae of Michigan, and Ten Other States filed.
Jun 30 2015	Brief of respondent Edward Joseph Strieff, Jr. in opposition filed.
Jul 14 2015	Reply of petitioner Utah filed. (Distributed)
Jul 15 2015	DISTRIBUTED for Conference of September 28, 2015.
Oct 1 2015	Petition GRANTED.
Nov 6 2015	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2015.
Nov 6 2015	The time to file respondent's brief on the merits is extended to and including January 22, 2016.
Nov 6 2015	Petitioner will file a reply brief on the merits on or before February 9, 2016.
Dec 4 2015	Brief of petitioner Utah filed.
Dec 4 2015	Joint appendix filed. (Statement of costs filed)
Dec 11 2015	Brief amicus curiae of the United States filed.
Dec 11 2015	Brief amicus curiae of Criminal Justice Legal Foundation filed.
Dec 11 2015	Brief amici curiae of Michigan, and Twenty-Nine Other States filed.
Dec 23 2015	SET FOR ARGUMENT on Monday, February 22, 2016.
Jan 4 2016	Record requested from the Supreme Court of Utah.
Jan 12 2016	Record received from the Supreme Court of Utah, the record is electronic.
Jan 15 2016	CIRCULATED
Jan 21 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 22 2016	Brief of respondent Edward Joseph Strieff, Jr. filed. (Distributed)
Jan 29 2016	Brief amici curiae of Electronic Privacy Information Center (EPIC), and Twenty-One Technical Experts and Legal Scholars filed. (Distributed)
Jan 29 2016	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Jan 29 2016	Brief amici curiae of Tracy E. Labrusciano, et al. filed. (Distributed)
Feb 9 2016	Reply of petitioner Utah filed. (Distributed)
Feb 18 2016	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 22 2016	Argued. For petitioner: Tyler R. Green, Solicitor General, Salt Lake City, Utah; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Joan C. Watt, Salt Lake City, Utah.
Jun 20 2016	Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined as to Parts I, II, and III. Kagan, J., filed a dissenting opinion, in which Ginsburg, J., joined.
Jul 22 2016	MANDATE ISSUED
Jul 22 2016	JUDGMENT ISSUED

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Opinion analysis: Justices allow "peace cross" to stand (Updated) – Amy Howe

Relist Watch – John Elwood

Monday at the Supreme Court: Four opinions and a GVR – SCOTUStalk
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This Week at the Court
The Supreme Court released orders from the June 13 conference on Monday; the justices granted, vacated and remanded Klein v. Oregon Bureau of Labor and Industries.
Also on Monday, the justices released their opinions in four argued cases: Manhattan Community Access Corp. v. Halleck, Virginia Uranium Inc. v. Warren, Gamble v. United States and Virginia House of Delegates v. Bethune-Hill.
On Thursday, the justices released their opinions in four argued cases: Gundy v. United States, McDonough v. Smith, The American Legion v. American Humanist Association and PDR Network, LLC v. Carlton & Harris Chiropractic Inc.
Also on Thursday, the justices met for their June 20 conference; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
On Friday, the Supreme Court will release opinions in one or more argued cases at 10 a.m.
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
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
see all this term’s cases »
Recent Decisions
- Gundy v. United States TThe judgment of the U.S. Court of Appeals for the 2nd Circuit that 34 U. S. C. §20913(d) – which requires the U.S. attorney general to apply the Sex Offender Registration and Notification Act’s registration requirements as soon as feasible to offenders convicted before the statute’s enactment – is not an unconstitutional delegation of legislative authority is affirmed.
- McDonough v. Smith The statute of limitations for Edward McDonough’s 42 U. S. C. §1983 fabricated-evidence claim against his prosecutor began to run when the criminal proceedings against him terminated in his favor – that is, when he was acquitted at the end of his second trial.
- PDR Network, LLC v. Carlton & Harris Chiropractic Inc. The extent to which a 2006 Federal Communications Commission order interpreting the term “unsolicited advertisement” binds lower courts may depend on the resolution of two preliminary questions that the U.S. Court of Appeals for the 4th Circuit should address in the first instance: (1) whether the order is the equivalent of a legislative rule, which has the force and effect of law, or an interpretative rule, which does not; and (2) whether PDR Network, LLC had a “prior” and “adequate” opportunity to seek judicial review of the order.
- The American Legion v. American Humanist Association The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
- Manhattan Community Access Corp. v. Halleck Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate the public access channels on the Manhattan cable system owned by Time Warner (now Charter), is not a state actor subject to the First Amendment.
- Virginia House of Delegates v. Bethune-Hill The House of Delegates lacks standing to appeal the invalidation of Virginia’s redistricting plan.
- Virginia Uranium, Inc. v. Warren The U.S. Court of Appeals for the 4th Circuit’s judgment that the Atomic Energy Act does not preempt Virginia’s prohibition on uranium mining in the commonwealth is affirmed.
see all this term’s cases »
Current Relists
- Atlanta Gas Light Co. v. Bennett Regulator Guards Inc. (1) Whether the U.S. Court of Appeals for the Federal Circuit erred in concluding that it had jurisdiction to review the Patent Trial and Appeal Board’s decision to institute inter partes review of respondent’s patent over respondent’s objection that it was time-barred; and (2) whether the U.S. Court of Appeals for the Federal Circuit erred when it rejected the longstanding principle that a dismissal without prejudice leaves the parties as if a suit had never been brought, splitting the circuits.
- Banister v. Davis (1) Whether Gonzalez v. Crosby extends to post-judgment motions filed under Federal Rule of Civil Procedure 59(e); (2) whether, if Gonzalez does apply, a timely filed Rule 59(e) motion should toll the time to file a notice of appeal under Federal Rule of Appellate Procedure 4(a)(4)(A)(iv); and (3) whether a pro se petitioner must be warned and given an opportunity to withdraw a post-judgment motion which has be recharacterized as a successive habeas petition if that recharacterization will effect his ability to file a timely notice of appeal.
- Department of Homeland Security v. Regents of the University of California (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’s decision to wind down the DACA policy is lawful.
More Petitions »
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Cases argued 69

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Summary reversals 5

Merits cases granted to date 74

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Cases argued	69
Cases decided	53
Summary reversals	5
Merits cases granted to date	74

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