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Bryant Kazuyoshi Iwai v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-10015 · judgment July 23, 2019

Certiorari denied · January 11, 2021
Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a dissent in the court below (flagged in the petition).

Questions presented

WHETHER THE NINTH CIRCUIT MAJORITY OPINION AS A MATTER OF SOUND PUBLIC POLICY HAS (1) ADOPTED A RULE OF EXIGENT CIRCUMSTANCES TO ENTER A HOME WHERE:

  1. A CONTROLLED DELIVERY OF A PACKAGE WAS MADE TO A SUSPECT’S APARTMENT BUILDING AFTER ALL BUT ONE OUNCE OF THE ILLEGAL DRUGS HAD BEEN REMOVED FROM THE PACKAGE,

  2. NO ATTEMPT WAS MADE TO OBTAIN AN ANTICIPATORY SEARCH WARRANT,

  3. THE SUSPECT PICKED UP THE PACKAGE ADDRESSED TO HIS APARTMENT FROM THE APARTMENT MANAGER AND TOOK IT TO HIS APARTMENT,

  4. THREE HOURS PASSED BEFORE THE CONCEALED BEEPER ALLEGEDLY WENT OFF DURING WHICH THE AGENTS MADE NO EFFORT TO OBTAIN AN ORDINARY SEARCH WARRANT,

  5. ONLY ONE OF THREE AGENTS AT THE FRONT DOOR CLAIMED TO HEAR THE RUSTLING OF PAPER OR PLASTIC FROM INSIDE THE UNIT AFTER THE BEEPER ALLEGEDLY WENT OFF AND BROKE OPEN THE FRONT DOOR, AND

Counsel of record

For petitioner
Kelsi Brown Corkran
Institute for Constitutional Advocacy & Protection

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 08 2020
    Reply of petitioner Bryant Kazuyoshi Iwai filed. (Distributed)
  4. Nov 20 2020
    Brief of respondent United States of America in opposition filed.
  5. Sep 29 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including November 20, 2020.
  6. Sep 28 2020
    Motion to extend the time to file a response from October 21, 2020 to November 20, 2020, submitted to The Clerk.
  7. Sep 16 2020
    Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2020.
  8. Sep 15 2020
    Motion to extend the time to file a response from September 21, 2020 to October 21, 2020, submitted to The Clerk.
  9. Aug 20 2020
    Response Requested. (Due September 21, 2020)
  10. Aug 19 2020
    DISTRIBUTED for Conference of 9/29/2020.
  11. Aug 14 2020
    Waiver of right of respondent United States of America to respond filed.
  12. Jun 23 2020
    Petition for a writ of certiorari filed. (Response due September 9, 2020)