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Ryan Austin Collins v. Virginia

Paid petition · Supreme Court of Virginia, No. 151277 · judgment September 15, 2016

Decided · May 29, 2018

At-filing estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Fourth Amendment's automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a home, and search a vehicle parked a few feet from the house.

Counsel of record

For petitioner
Matthew Allen Fitzgerald
McGuireWoods LLP

For respondent
Trevor Stephen Cox
Hunton Andrews Kurth LLP

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 9 merits
(9 supporting pet./neither)

Argument & decision

Argued January 9, 2018 — Matthew A. Fitzgerald · Trevor S. Cox. Listen and read along · the Court’s audio

Decided May 29, 2018. Opinion by Sotomayor.

Proceedings

Aug 29 2018
The record from the Supreme Court of Virginia has been returned (2nd record).
Aug 28 2018
The record from the Supreme Court of Virginia has been returned.
Jul 02 2018
MANDATE ISSUED.
Jul 02 2018
JUDGMENT ISSUED.
May 29 2018
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a concurring opinion. Alito, J., filed a dissenting opinion.
Jan 17 2018
Record received from the Supreme Court of Virginia is electronic.
Jan 09 2018
Argued. For petitioner: Matthew A. Fitzgerald, Richmond, Va. For respondent: Trevor S. Cox, Acting Solicitor General of Virginia, Richmond, Va.
Jan 05 2018
Record received from the Court of Appeals of Virginia. (1 Envelope).
Jan 04 2018
Record received from the Commonwealth of Virginia in the Circuit Court of the county of Albemarle. (1 Envelope).
Jan 02 2018
Reply of petitioner Ryan A. Collins filed. (Distributed)
Dec 18 2017
Record requested from the Supreme Court of Virginia.
Dec 13 2017
Brief of respondent Virginia filed.
Nov 22 2017
CIRCULATED.
Nov 20 2017
Brief amicus curiae of The National Rifle Association Freedom Action Foundation filed.
Nov 20 2017
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Nov 20 2017
Brief amicus curiae of The Cato Institute filed.
Nov 20 2017
Brief amicus curiae of Fourth Amendment Scholars filed. (Distributed)
Nov 20 2017
Brief amicus curiae of American Motorcyclist Association filed. (Distributed)
Nov 20 2017
Brief amici curiae of Conservative Legal Defense and Education Fund, et al. filed. (Distributed)
Nov 20 2017
Brief amicus curiae of The Rutherford Institute filed. (Distributed)
Nov 17 2017
SET FOR ARGUMENT ON Tuesday, January 9, 2018
Nov 17 2017
Brief amicus curiae of Institute for Justice filed.
Nov 17 2017
Brief amicus curiae of Restore the Fourth, Inc. filed.
Nov 13 2017
Joint appendix filed. (Statement of costs filed)
Nov 13 2017
Brief of petitioner Ryan A. Collins filed.
Sep 28 2017
Petition GRANTED.
Jun 22 2017
Reply of petitioner Ryan Austin Collins filed. (Distributed)
Jun 21 2017
DISTRIBUTED for Conference of September 25, 2017.
Jun 07 2017
Brief of respondent Virginia in opposition filed.
Apr 24 2017
Order extending time to file response to petition to and including June 12, 2017.
Apr 12 2017
Response Requested. (Due May 12, 2017)
Apr 05 2017
DISTRIBUTED for Conference of April 21, 2017.
Mar 27 2017
Brief amici curiae of United States Justice Foundation, et al. filed.
Mar 20 2017
Waiver of right of respondent Virginia to respond filed.
Feb 21 2017
Petition for a writ of certiorari filed. (Response due March 27, 2017)