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Mark Ringland v. United States

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-2331 · judgment July 16, 2020

Certiorari denied · June 21, 2021
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, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether compelling someone’s emails from his or her electronic service provider and opening them is a trespass, and therefore a “search,” under the Fourth Amendment, or whether the reasonable-expectations analysis in United States v. Jacobsen, 466 U.S. 109, 120-21 (1984), justifies disregarding the trespass test altogether. (i)

Counsel of record

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

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Jun 21 2021
    Petition DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. Jun 01 2021
    Reply of petitioner Mark Ringland filed. (Distributed)
  4. May 17 2021
    Brief of respondent United States in opposition filed.
  5. Apr 14 2021
    Brief amici curiae of DKT Liberty Project, et al. filed.
  6. Apr 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021.
  7. Apr 07 2021
    Motion to extend the time to file a response from April 16, 2021 to May 17, 2021, submitted to The Clerk.
  8. Mar 17 2021
    Response Requested. (Due April 16, 2021)
  9. Mar 10 2021
    DISTRIBUTED for Conference of 3/26/2021.
  10. Mar 04 2021
    Waiver of right of respondent United States to respond filed.
  11. Feb 25 2021
    Petition for a writ of certiorari filed. (Response due April 1, 2021)