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Steven Edward Struve v. Iowa
Paid petition · Supreme Court of Iowa, No. 19-1614 · judgment February 19, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
More than 20 states have laws that prohibit sending text messages on a cellphone while driving, but allow drivers to use their cellphones for other purposes, such as navigation or playing music. The question presented is: Whether police officers in those states have reasonable suspicion under the Fourth Amendment to initiate an investigatory traffic stop, where they observe a driver briefly holding and manipulating a cellphone, in a manner that does not indicate whether the cellphone is being used for a lawful or prohibited purpose. (I)
Counsel of record
For petitioner
Jeremy Charles Marwell
Vinson & Elkins LLP
For respondent
Kevin Cmelik
Iowa Department of Justice
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jan 10 2022Petition DENIED.
- Dec 01 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 01 2021Reply of petitioner Steven Edward Struve filed. (Distributed)
- Nov 16 2021Brief of respondent Iowa in opposition filed.
- Oct 18 2021Response Requested. (Due November 17, 2021)
- Oct 13 2021DISTRIBUTED for Conference of 10/29/2021.
- Sep 10 2021Waiver of right of respondent Iowa to respond filed.
- Sep 09 2021Waiver of Iowa of right to respond not accepted for filing. (September 10, 2021)
- Sep 02 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)