Supreme Court Report

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United States v. Miguel Angel Cano

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-50151 · judgment August 16, 2019

Certiorari denied · June 28, 2021
Pre-decision estimate: 65% cert probability (95% interval 52%–76%)

Before the decision, about 15.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Whether the Ninth Circuit erred in concluding that the scope of a search of an electronic device under the border-search exception to the Fourth Amendment’s warrant requirement is limited solely to digital contraband on the device itself, and cannot include evidence of physical smuggling or other border-related crimes. (I)

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Harini P. Raghupathi
Federal Defender of San Diego Inc.

Case

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

Conference history
Distributed for 2 conferences

Order
Order list, June 28, 2021 · Certiorari denied

Proceedings

  1. Jun 28 2021
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Jun 28 2021
    Petition DENIED.
  3. Jun 21 2021
    DISTRIBUTED for Conference of 6/24/2021.
  4. Jun 15 2021
    Rescheduled.
  5. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  6. Jun 01 2021
    Reply of petitioner United States filed. (Distributed)
  7. May 12 2021
    Brief of respondent Miguel Angel Cano in opposition filed.
  8. May 12 2021
    Motion for leave to proceed in forma pauperis filed by respondent Miguel Angel Cano.
  9. Mar 17 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including May 12, 2021.
  10. Mar 16 2021
    Motion to extend the time to file a response from March 31, 2021 to May 12, 2021, submitted to The Clerk.
  11. Feb 25 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2021.
  12. Feb 24 2021
    Motion to extend the time to file a response from March 1, 2021 to March 31, 2021, submitted to The Clerk.
  13. Jan 29 2021
    Petition for a writ of certiorari filed. (Response due March 1, 2021)