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Randy Johnson v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 15-1366 · judgment October 27, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 2% cert probability

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

Question presented

Twenty-two years ago, the Court held in Whren v. United States, 517 U.S. 806 (1996), that police with probable cause to suspect a moving violation may stop and seize a motorist, even if the seizure is a pretext to search for evidence of other possible crimes. In this case, the en banc court of appeals held, over the dissent of three judges, that a mere parking infraction justifies a pretextual search. The question presented is: Whether the Fourth Amendment forbids a pretextual seizure of a motorist based solely on probable cause to suspect a civil parking infraction.

Counsel of record

For petitioner
David Michael Shapiro
Roderick & Solange MacArthur Justice Center

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
17A716

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 11 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 10 2018
    Reply of petitioner Randy Johnson filed.
  4. Jun 25 2018
    Brief of respondent United States in opposition filed.
  5. May 11 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 25, 2018.
  6. May 09 2018
    Motion to extend the time to file a response from May 25, 2018 to June 25, 2018, submitted to The Clerk.
  7. Apr 25 2018
    Brief amicus curiae of The Cato Institute filed.
  8. Apr 23 2018
    Brief amicus curiae of Howard Uninversity School of Law Civil and Human Rights Clinic filed.
  9. Apr 23 2018
    Brief amici curiae of Fourth Amendment Scholars filed.
  10. Apr 20 2018
    Motion to extend the time to file a response is granted and the time is extended to and including May 25, 2018.
  11. Apr 19 2018
    Motion to extend the time to file a response from April 25, 2018 to May 25, 2018, submitted to The Clerk.
  12. Mar 23 2018
    Petition for a writ of certiorari filed. (Response due April 25, 2018)
  13. Jan 05 2018
    Application (17A716) granted by Justice Kagan extending the time to file until March 26, 2018.
  14. Jan 03 2018
    Application (17A716) to extend the time to file a petition for a writ of certiorari from January 25, 2018 to March 26, 2018, submitted to Justice Kagan.