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Antonio Daron Futrell v. Virginia
Paid petition · Supreme Court of Virginia, No. 210731 · judgment March 4, 2022
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
- Oct 31 2022Petition DENIED.
- Oct 05 2022DISTRIBUTED for Conference of 10/28/2022.
- Sep 28 2022Reply of petitioner Antonio Futrell filed.
- Sep 15 2022Brief of respondent Virginia in opposition filed.
- Jul 20 2022Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2022.
- Jul 19 2022Motion to extend the time to file a response from August 15, 2022 to September 15, 2022, submitted to The Clerk.
- Jul 14 2022Response Requested. (Due August 15, 2022)
- Jun 22 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 16 2022Waiver of right of respondent Virginia to respond filed.
- Jun 02 2022Petition for a writ of certiorari filed. (Response due July 5, 2022)