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Michael Mendenhall v. City and County of Denver, Colorado

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 25-1081 · judgment January 16, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has filed here before, a petition filed soon after the judgment below, and a Tenth Circuit decision below.

Question presented

The Fourth Amendment provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” U.S. Const. amend. IV. “Oath or affirmation,” as originally understood, required a witness with firsthand knowledge of the facts to swear an oath before the issuing magistrate. Without ever addressing the oath requirement in its legal analysis, this Court in Jones v. United States, 362 U.S. 257 (1960), held that hearsay can satisfy the Warrant Clause. Jones abandoned the categorical guarantee the Founders embedded in the Fourth Amendment and set the Court on a course toward open-ended balancing, ignoring the constitutional text, its original meaning, and a century and a half of contrary precedent. The question presented is: Whether this Court should overrule Jones and hold that the Fourth Amendment requires a witness with firsthand knowledge to swear an oath before a warrant can issue.

Counsel of record

For petitioner
Anna Aleksandrovna Bidwell
Institute for Justice

For respondent
Matthew Joseph Mulbarger
City and County of Denver

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Amicus briefs
4 cert-stage

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jul 29 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 28 2026
    Reply of petitioner Michael Mendenhall filed. (Distributed)
  4. Jul 14 2026
    Brief of respondent City and County of Denver, Colorado in opposition filed.
  5. Jun 15 2026
    Response Requested. (Due July 15, 2026)
  6. Jun 02 2026
    DISTRIBUTED for Conference of 6/18/2026.
  7. May 11 2026
    Brief of Civil Rights Attorneys in support not accepted for filing. (To be corrected - May 12, 2026)
  8. May 11 2026
    Brief amici curiae of Civil Rights Attorneys filed. (Corrected)
  9. May 11 2026
    Brief amici curiae of Law Scholars filed.
  10. Apr 30 2026
    Brief amicus curiae of Law Enforcement Action Partnership filed.
  11. Apr 23 2026
    Brief amici curiae of Kenneth Walker, et al. filed.
  12. Apr 16 2026
    Petition for a writ of certiorari filed. (Response due May 22, 2026)