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William Bembury v. Kentucky
Paid petition · Supreme Court of Kentucky, No. 2022-SC-0018-DG · judgment August 24, 2023
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Question presented
Does the exception to the Fourth Amendment’s warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, luggage, or other external container in the arrestee’s possession at the time of arrest, if, at the time of the search, the container is separated from the person and there is no reasonable possibility the arrestee could access the container to obtain a weapon or destroy evidence?
Counsel of record
For petitioner
Richard A. Simpson
Wiley Rein, LLP
For respondent
Matthew Robert Krygiel
Kentucky Office of the Attorney General
Proceedings
- Apr 29 2024Petition DENIED.
- Apr 10 2024DISTRIBUTED for Conference of 4/26/2024.
- Apr 08 2024Reply of petitioner William Bembury filed. (Distributed)
- Mar 27 2024Brief of respondent Kentucky in opposition filed.
- Feb 26 2024Brief amicus curiae of Cato Institute filed.
- Feb 23 2024Brief amicus curiae of National Association for Public Defense filed.
- Feb 20 2024Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
- Feb 16 2024Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
- Jan 19 2024Petition for a writ of certiorari filed. (Response due February 26, 2024)
- Oct 25 2023Application (23A371) granted by Justice Kavanaugh extending the time to file until January 21, 2024.
- Oct 20 2023Application (23A371) to extend the time to file a petition for a writ of certiorari from November 22, 2023 to January 21, 2024, submitted to Justice Kavanaugh.