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Steven Edward Struve v. Iowa

Paid petition · Supreme Court of Iowa, No. 19-1614 · judgment February 19, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 3% cert probability

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

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 01 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 01 2021
    Reply of petitioner Steven Edward Struve filed. (Distributed)
  4. Nov 16 2021
    Brief of respondent Iowa in opposition filed.
  5. Oct 18 2021
    Response Requested. (Due November 17, 2021)
  6. Oct 13 2021
    DISTRIBUTED for Conference of 10/29/2021.
  7. Sep 10 2021
    Waiver of right of respondent Iowa to respond filed.
  8. Sep 09 2021
    Waiver of Iowa of right to respond not accepted for filing. (September 10, 2021)
  9. Sep 02 2021
    Petition for a writ of certiorari filed. (Response due October 8, 2021)