Supreme Court Report

Supreme Court of the United States · Official docket →

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: 5% cert probability (95% interval 1%–16%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for the Court of Appeals for the Armed Forces below and a petition filed soon after the judgment below.

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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 2, 2023 · Certiorari denied

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)