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Volodymyr Kvashuk v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-30251 · judgment March 28, 2022


Certiorari denied · October 11, 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

Whether the Ninth Circuit’s analytical approach in weighing “the nature of cybercrime” into its assessment of nexus to search one’s home violates the Fourth Amendment due to (1) its generalized, universal treatment of all electronic devices, regardless of their mobility and/or connection to one’s house; (2) its automatic justification of law enforcement’s invasion of one’s home based on unfounded presumptions; and, (3) its injection of the vague, troublesome concept of “cybercrime” into the nexus analysis, which prejudices the public at large with ambiguities in law and discourages the public’s technology use?

Counsel of record

For petitioner
Joshua Sabert Lowther
Lowther and Walker LLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 21 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 15 2022
    Waiver of right of respondent United States of America to respond filed.
  4. Jul 29 2022
    Petition for a writ of certiorari filed. (Response due October 11, 2022)