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David Zachary Morgan v. Washington

Paid petition · Supreme Court of Washington, No. 96017-8 · judgment May 16, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 1.8× 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 petition citing one or two dissents, and down for a state or local-government respondent.

Question presented

Whether a government official who would like to seize someone’s personal property, and has both probable cause and the time to obtain a warrant, must bring his probable cause to a magistrate to obtain a warrant or may, under the plain-view exception, just send a fellow officer to go take it? (i)

Counsel of record

For petitioner
Amir H. Ali
Roderick & Solange MacArthur Justice Center

For respondent
Seth Aaron Fine
Snohomish County Prosecutor's Office

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

Linked docket
19A119

Order
Order list, February 24, 2020 · Certiorari denied

Proceedings

  1. Feb 24 2020
    Motion for leave to file amici brief filed by Washington Association of Criminal Defense Lawyers and Colorado Criminal Defense Bar GRANTED.
  2. Feb 24 2020
    Petition DENIED.
  3. Jan 22 2020
    DISTRIBUTED for Conference of 2/21/2020.
  4. Jan 21 2020
    Reply of petitioner David Zachery Morgan filed.
  5. Jan 02 2020
    Brief of respondent Washington in opposition filed.
  6. Dec 06 2019
    Response Requested. (Due January 6, 2020)
  7. Dec 04 2019
    DISTRIBUTED for Conference of 1/10/2020.
  8. Nov 18 2019
    Brief amici curiae of Brooks Holland and Benjamin Levin filed.
  9. Nov 18 2019
    Motion for leave to file amici brief filed by Washington Association of Criminal Defense Lawyers and Colorado Criminal Defense Bar.
  10. Oct 15 2019
    Petition for a writ of certiorari filed. (Response due November 18, 2019)
  11. Jul 29 2019
    Application (19A119) granted by Justice Kagan extending the time to file until October 13, 2019.
  12. Jul 26 2019
    Application (19A119) to extend the time to file a petition for a writ of certiorari from August 14, 2019 to October 13, 2019, submitted to Justice Kagan.
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