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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


Certiorari denied · March 31, 2025
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

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

  1. Mar 31 2025
    Petition DENIED.
  2. Mar 12 2025
    DISTRIBUTED for Conference of 3/28/2025.
  3. Mar 12 2025
    Reply of petitioner Gilbert Perez filed. (Distributed)
  4. Feb 26 2025
    Brief of respondent United States in opposition filed.
  5. Jan 21 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2025.
  6. Jan 17 2025
    Motion to extend the time to file a response from January 27, 2025 to February 26, 2025, submitted to The Clerk.
  7. Dec 24 2024
    Brief amicus curiae of National Association for Public Defense filed.
  8. Dec 20 2024
    Brief amicus curiae of Cato Institute filed.
  9. Dec 12 2024
    Motion to extend the time to file a response is granted and the time is extended to and including January 27, 2025.
  10. Dec 09 2024
    Motion to extend the time to file a response from December 26, 2024 to January 27, 2025, submitted to The Clerk.
  11. Nov 21 2024
    Petition for a writ of certiorari filed. (Response due December 26, 2024)