Supreme Court of the United States · Official docket →
Derrick Lucius Williams, Jr. v. United States
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-1299 · judgment November 14, 2019
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
When Petitioner Derrick Williams arrived from Europe at Denver International Airport, government agents seized his laptop, used forensic software to break the password and copy its data bit-for-bit, and then searched the files. The agents had neither a warrant nor suspicion that Mr. Williams was inadmissible, smuggling contraband, or evading customs duties. The question presented is: To conduct a warrantless forensic search of a digital device at the border, do government agents need reasonable suspicion that the device contains digital contraband (as the Ninth Circuit requires), reasonable suspicion that the device contains evidence of a particular crime with a nexus to the purposes of the border search exception to the warrant requirement (as the Fourth Circuit requires), reasonable suspicion of any kind of criminal activity (which suffices in the Tenth Circuit), or no suspicion whatsoever (as the Eleventh Circuit permits)?
Counsel of record
For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP
Proceedings
- Oct 05 2020Petition DENIED.
- Sep 08 2020Supplemental brief of petitioner Derrick Lucius Williams, Jr. filed. (Distributed)
- Jul 08 2020DISTRIBUTED for Conference of 9/29/2020.
- Jul 07 2020Reply of petitioner Derrick Lucius Williams, Jr. filed. (Distributed)
- Jun 19 2020Brief of respondent United States of America in opposition filed.
- Jun 11 2020Motion to extend the time to file a response is granted and the time is further extended to and including June 19, 2020.
- Jun 10 2020Motion to extend the time to file a response from June 17, 2020 to June 19, 2020, submitted to The Clerk.
- May 11 2020Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2020.
- May 08 2020Motion to extend the time to file a response from May 18, 2020 to June 17, 2020, submitted to The Clerk.
- Apr 13 2020Petition for a writ of certiorari filed. (Response due May 18, 2020)
- Jan 31 2020Application (19A863) granted by Justice Sotomayor extending the time to file until April 13, 2020.
- Jan 29 2020Application (19A863) to extend the time to file a petition for a writ of certiorari from February 12, 2020 to April 12, 2020, submitted to Justice Sotomayor.