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Antonio Daron Futrell v. Virginia

Paid petition · Supreme Court of Virginia, No. 210731 · judgment March 4, 2022


Certiorari denied · October 31, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Police conducted a warrantless search of the digital data on a cell phone appellant left at a restaurant. The lower courts held that the search did not violate the Fourth Amendment because appellant “abandoned” the phone. The question presented is whether, consistent with Riley v. California, 573 U.S. 373 (2014), the abandonment exception to the Fourth Amendment’s warrant requirement allows the Government to conduct warrantless searches of the digital data on an abandoned cell phone.

Counsel of record

For petitioner
Brandon Lee Boxler
Klein Thomas & Lee LLC

For respondent
Andrew Nathan Ferguson
Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 31 2022
    Petition DENIED.
  2. Oct 05 2022
    DISTRIBUTED for Conference of 10/28/2022.
  3. Sep 28 2022
    Reply of petitioner Antonio Futrell filed.
  4. Sep 15 2022
    Brief of respondent Virginia in opposition filed.
  5. Jul 20 2022
    Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2022.
  6. Jul 19 2022
    Motion to extend the time to file a response from August 15, 2022 to September 15, 2022, submitted to The Clerk.
  7. Jul 14 2022
    Response Requested. (Due August 15, 2022)
  8. Jun 22 2022
    DISTRIBUTED for Conference of 9/28/2022.
  9. Jun 16 2022
    Waiver of right of respondent Virginia to respond filed.
  10. Jun 02 2022
    Petition for a writ of certiorari filed. (Response due July 5, 2022)