Supreme Court Report

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Richard Sylvester v. United States

Paid petition · United States Court of Appeals for the First Circuit, No. 19-2127 · judgment April 2, 2021


Certiorari denied · October 18, 2021
Pre-decision estimate: 20% cert probability (95% interval 12%–32%)

Before the decision, about 4.9× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a petition filed soon after the judgment below, and a circuit split argued in the petition.

Questions presented

  1. In order for a vehicle impound to be consonant with the Fourth Amendment, must a police officer comply with established impound policies and procedures, if they exist?

  2. In order for a vehicle impound to be consonant with the Fourth Amendment, may an officer have an investigatory motive when impounding the vehicle?

  3. Which party has the burden of establishing a police officer’s subjective intent, and may the officer’s subjective intent be inferred from the totality of the circumstances?

Counsel of record

For petitioner
Jamesa J. Drake
Drake Law LLC

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

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

Conference history
Distributed for 1 conference

Order
Order list, October 18, 2021 · Certiorari denied

Proceedings

  1. Oct 18 2021
    Petition DENIED.
  2. Sep 29 2021
    DISTRIBUTED for Conference of 10/15/2021.
  3. Sep 15 2021
    Brief of respondent United States in opposition filed.
  4. Aug 10 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2021.
  5. Aug 09 2021
    Motion to extend the time to file a response from August 16, 2021 to September 15, 2021, submitted to The Clerk.
  6. Jul 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2021.
  7. Jul 07 2021
    Motion to extend the time to file a response from July 16, 2021 to August 16, 2021, submitted to The Clerk.
  8. Jun 09 2021
    Petition for a writ of certiorari filed. (Response due July 16, 2021)