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Ethan R. Shields v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 22-0279 · judgment April 28, 2023


Certiorari denied · October 2, 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.

Questions presented

  1. Whether this Court should endorse the Tenth Circuit framework for assessing the reasonableness of digital forensic searches under the Fourth Amendment.

  2. Whether Petitioner’s rights under the Fourth Amendment were violated, and the military judge abused his discretion, where a digital forensic examiner was authorized to only search for materials from one particular date but instead searched through images irrespective of their date.

Counsel of record

For petitioner
Rebecca Susan Snyder
Navy-Marine Corps ARA

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 26 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 19 2023
    Waiver of right of respondent United States to respond filed.
  4. Jul 12 2023
    Petition for a writ of certiorari filed. (Response due August 14, 2023)