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Elelake James Jefferson, Jr. v. Pennsylvania

Paid petition · Superior Court of Pennsylvania, Harrisburg Office, No. 365 MDA 2023 · judgment February 6, 2024


Certiorari denied · December 9, 2024
Pre-decision estimate: 0% cert probability

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

Question presented

When an individual believes he is not consenting to a warrantless search and waiving his rights under the Fourth Amendment, and does not intend to consent to the search, how much significance and weight are courts to give to his subjective belief or intent in their assessment of the totality of the circumstances—which under Schneckloth v. Bustamonte, 412 U.S. 218 (1973), includes “the characteristics of the accused”—when his subjective belief or intent is consistent with and not contradicted by the objective indications around it?

Counsel of record

For petitioner
Steve Rice
Steve Rice Law

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 09 2024
    Petition DENIED.
  2. Nov 13 2024
    DISTRIBUTED for Conference of 12/6/2024.
  3. Sep 26 2024
    Petition for a writ of certiorari filed. (Response due October 30, 2024)