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Arthur Gregory Lange v. California

Paid petition · Court of Appeal of California, First Appellate District, No. A157169 · judgment October 30, 2019

Decided · June 23, 2021
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.

Question presented

Absent "consent" or "exigent circumstances," a police officer's "entry into a home to conduct a search or make an arrest is unreasonable under the Fourth Amendment unless done pursuant to a warrant." Steagald v. United States, 451 U.S. 204, 211 (1981). The question presented is: Does pursuit of a person who a police officer has probable cause to believe has committed a misdemeanor categorically qualify as an exigent circumstance sufficient to allow the officer to enter a home without a warrant? AMANDA K. RICE, ESQUIRE, OF ANN ARBOR, MICHIGAN, IS INVITED TO BRIEF AND ARGUE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Samuel Thomas Harbourt
Cal. Dept. of Justice, Office of Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 18 merits
(18 respondent)

Argument & decision

Argued February 24, 2021 — Jeffrey L. Fisher · Samuel T. Harbourt · Amanda K. Rice · Erica L. .... Audio and transcript

Decided June 23, 2021. Opinion by Kagan.

Proceedings

  1. Jul 26 2021
    MANDATE ISSUED.
  2. Jul 26 2021
    JUDGMENT ISSUED.
  3. Jun 23 2021
    Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Gorsuch, Kavanaugh, and Barrett, JJ., joined, and in which Thomas, J., joined as to all but Part II–A. Kavanaugh, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Kavanaugh, J., joined as to Part II. Roberts, C. J., filed an opinion concurring in the judgment, in which Alito, J., joined.
  4. Feb 24 2021
    Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent supporting vacatur: Samuel T. Harbourt, Deputy Solicitor General, San Francisco, Cal. For Court-appointed amicus curiae in support of the judgment below: Amanda K. Rice, Detroit, Mich. For United States, as amicus curiae, supporting affirmance: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  5. Feb 08 2021
    Reply of respondent State of California filed. (Distributed)
  6. Feb 05 2021
    Reply of petitioner Arthur Gregory Lange filed. (Distributed)
  7. Jan 28 2021
    Record received from the State of California Court of Appeal First Appellate District. The record is electronically filed.
  8. Jan 25 2021
    Motion for divided argument filed by petitioner GRANTED.
  9. Jan 25 2021
    Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  10. Jan 21 2021
    Record requested.
  11. Jan 15 2021
    Brief amicus curiae of United States filed. (Distributed)
  12. Jan 15 2021
    Motion for leave to participate in oral argument as amicus curiae and for divided argument filed by the Acting Solicitor General.
  13. Jan 15 2021
    Brief amicus curiae of Professor Steven Penney filed. (Distributed)
  14. Jan 15 2021
    Brief amicus curiae of Mothers Against Drunk Driving filed. (Distributed)
  15. Jan 14 2021
    CIRCULATED
  16. Jan 14 2021
    Brief amici curiae of States of Ohio, Alabama, et al. filed. (Distributed)
  17. Jan 14 2021
    Brief amicus curiae of Los Angeles County Police Chiefs’ Association filed. (Distributed)
  18. Jan 13 2021
    Brief amici curiae of Sonoma County District Attorney’s Office and California District Attorneys Association filed. (Distributed)
  19. Jan 13 2021
    Brief amicus curiae of National Fraternal Order of Police filed. (Distributed)
  20. Jan 08 2021
    Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
  21. Dec 31 2020
    SET FOR ARGUMENT on Wednesday, February 24, 2021.
  22. Dec 17 2020
    Motion for divided argument filed by petitioner Arthur Gregory Lange.
  23. Dec 11 2020
    Brief amici curiae of DKT Liberty Project, et al. filed.
  24. Dec 11 2020
    Brief amici curiae of American Civil Liberties Union, et al. filed.
  25. Dec 11 2020
    Brief amicus curiae of Constitutional Accountability Center filed.
  26. Dec 11 2020
    Brief amici curiae of National Association of Criminal Defense Lawyers filed.
  27. Dec 11 2020
    Brief amicus curiae of The Rutherford Institute filed.
  28. Dec 11 2020
    Brief amici curiae of Gun Owners of America, Gun Owners Foundation, Gun Owners of California, DownsizeDC.org, Downsize DC Foundation, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee filed.
  29. Dec 11 2020
    Brief amici curiae of States of Illinois et al. filed.
  30. Dec 11 2020
    Brief amici curiae of Project for Privacy & Surveillance Accountability and Restore the Fourth, Inc. filed.
  31. Dec 11 2020
    Brief amicus curiae of National College for DUI Defense filed.
  32. Dec 10 2020
    Brief amicus curiae of Institute for Justice filed.
  33. Dec 04 2020
    Brief of petitioner Arthur Gregory Lange filed.
  34. Dec 04 2020
    Brief of respondent State of California in support of vacatur filed.
  35. Nov 23 2020
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  36. Nov 12 2020
    Motion for an extension of time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and respondent's brief on the merits in support is extended to and including December 4, 2020. The time to file the brief of the Court-appointed amicus curiae in support of the judgment below is extended to and including January 8, 2021.
  37. Nov 05 2020
    Motion for an extension of time to file the briefs on the merits filed.
  38. Nov 05 2020
    Motion to dispense with printing the joint appendix filed by petitioner Arthur Gregory Lange.
  39. Oct 26 2020
    Amanda K. Rice, Esquire, of Ann Arbor, Michigan, is invited to brief and argue, as amicus curiae, in support of the judgment below.
  40. Oct 19 2020
    Petition GRANTED.
  41. Oct 13 2020
    DISTRIBUTED for Conference of 10/16/2020.
  42. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  43. Sep 23 2020
    Reply of petitioner Arthur Gregory Lange filed. (Distributed)
  44. Sep 22 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
  45. Sep 14 2020
    Brief of respondent State of California in opposition filed.
  46. Aug 13 2020
    Brief amici curiae of National Association of Criminal Defense Lawyers and California Attorneys for Criminal Justice filed.
  47. Jul 29 2020
    Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2020.
  48. Jul 28 2020
    Motion to extend the time to file a response from August 13, 2020 to September 14, 2020, submitted to The Clerk.
  49. Jul 10 2020
    Petition for a writ of certiorari filed. (Response due August 13, 2020)