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Gilbert Perez v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 22-1121 · judgment December 28, 2023
Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Does the Fourth Amendment prohibit the warrantless search of a backpack, piece of luggage, or other bag carried by an individual at the time of his arrest once police have secured the bag and eliminated any possibility of reaching a weapon or evidence inside it?
Counsel of record
For petitioner
Jamesa J. Drake
Drake Law LLC
For respondent
Sarah M. Harris
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Proceedings
- Mar 31 2025Petition DENIED.
- Mar 12 2025DISTRIBUTED for Conference of 3/28/2025.
- Mar 12 2025Reply of petitioner Gilbert Perez filed. (Distributed)
- Feb 26 2025Brief of respondent United States in opposition filed.
- Jan 21 2025Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2025.
- Jan 17 2025Motion to extend the time to file a response from January 27, 2025 to February 26, 2025, submitted to The Clerk.
- Dec 24 2024Brief amicus curiae of National Association for Public Defense filed.
- Dec 20 2024Brief amicus curiae of Cato Institute filed.
- Dec 12 2024Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2025.
- Dec 09 2024Motion to extend the time to file a response from December 26, 2024 to January 27, 2025, submitted to The Clerk.
- Nov 21 2024Petition for a writ of certiorari filed. (Response due December 26, 2024)