Supreme Court of the United States · Official docket →
Idaho v. Kirby Anthony Dorff
Paid petition · Supreme Court of Idaho, No. 48119 · judgment March 20, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. Does a drug-detection dog physically intrude upon a constitutionally protected area and therefore conduct an unreasonable search under the Fourth Amendment when it touches the exterior of a lawfully stopped car while sniffing for potential contraband? II. Even if touching the exterior of a lawfully stopped car is a physical intrusion of a constitutionally protected area, are the actions of a drug-detection dog, taken without direction, prompting, or facilitation by officers, attributable to the Government for purposes of the Fourth Amendment?
Counsel of record
For petitioner
Kenneth K. Jorgensen
Off of Attny Gen - State of ID
For respondent
Sally Jane Cooley
Idaho State Appellate Public Defender
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 02 2023Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Oct 02 2023Petition DENIED.
- Sep 08 2023Reply of petitioner Idaho filed. (Distributed)
- Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
- Aug 21 2023Brief of respondent Kirby Dorff in opposition filed.
- Aug 21 2023Motion for leave to proceed in forma pauperis filed by respondent Kirby Dorff.
- Jul 26 2023Response Requested. (Due August 25, 2023)
- Jul 19 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 13 2023Waiver of right of respondent Kirby Dorff to respond filed.
- Jun 16 2023Petition for a writ of certiorari filed. (Response due July 21, 2023)