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Winterville Police Department, et al. v. Dijon Sharpe

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1827 · judgment February 7, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Should the constitutionality of a law enforcement officer’s restriction of livestreaming by an occupant of a seized vehicle during a lawfully initiated traffic stop be analyzed under a Fourth Amendment framework as opposed to a First Amendment framework? If the First Amendment analysis controls, is a policy which prohibits livestreaming by an occupant of a lawfully seized vehicle a reasonable time, place, and manner restriction?

Counsel of record

For petitioner
Dan McCord Hartzog Jr.
Hartzog Law Group LLP

For respondent
Andrew Timothy Tutt
Arnold & Porter Kaye Scholer

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage

Related
Vide, 23-276

Linked docket
23A31

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    Rescheduled.
  3. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  4. Nov 08 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Oct 19 2023
    Brief amicus curiae of The National Fraternal Order of Police filed.
  6. Oct 19 2023
    Brief of respondent Dijon Sharpe in support filed.
  7. Sep 18 2023
    Petition for a writ of certiorari filed. (Response due October 20, 2023)
  8. Jul 14 2023
    Application (23A31) granted by The Chief Justice extending the time to file until September 18, 2023.
  9. Jun 28 2023
    Application (23A31) to extend the time to file a petition for a writ of certiorari from July 20, 2023 to September 18, 2023, submitted to The Chief Justice.