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William Bembury v. Kentucky

Paid petition · Supreme Court of Kentucky, No. 2022-SC-0018-DG · judgment August 24, 2023


Certiorari denied · April 29, 2024
Pre-decision estimate: 8% cert probability (95% interval 5%–11%)

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

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage

Linked docket
23A371

Proceedings

  1. Apr 29 2024
    Petition DENIED.
  2. Apr 10 2024
    DISTRIBUTED for Conference of 4/26/2024.
  3. Apr 08 2024
    Reply of petitioner William Bembury filed. (Distributed)
  4. Mar 27 2024
    Brief of respondent Kentucky in opposition filed.
  5. Feb 26 2024
    Brief amicus curiae of Cato Institute filed.
  6. Feb 23 2024
    Brief amicus curiae of National Association for Public Defense filed.
  7. Feb 20 2024
    Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
  8. Feb 16 2024
    Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
  9. Jan 19 2024
    Petition for a writ of certiorari filed. (Response due February 26, 2024)
  10. Oct 25 2023
    Application (23A371) granted by Justice Kavanaugh extending the time to file until January 21, 2024.
  11. Oct 20 2023
    Application (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.