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Nikolai Bosyk v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 18-4302 · judgment August 1, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below.

Question presented

The Fourth Amendment establishes “[t]he right for people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and continues “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV. Whether the single click of a URL link to child pornography by someone using an individual’s IP address can provide probable cause to support a search warrant without any additional substantive factual information related to the suspect.

Counsel of record

For petitioner
William Davis Ashwell
Ashwell & Ashwell, PLLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 29 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 17 2020
    Waiver of right of respondent United States to respond filed.
  4. Jan 07 2020
    Petition for a writ of certiorari filed. (Response due February 10, 2020)