Supreme Court of the United States · Official docket →
Donna Elizabeth Summers v. Montana
Paid petition · Supreme Court of Montana, No. DA 23-0365 · judgment May 27, 2025
Certiorari denied · March 23, 2026
Pre-decision estimate: 1% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a driver who is lawfully stopped for a traffic infraction remains seized for Fourth Amendment purposes when the officer concludes the purpose of the traffic stop, but prolongs the stop by immediately questioning the driver on unrelated matters.
Counsel of record
For petitioner
Fred Anthony Rowley Jr.
Wilson Sonsini Goodrich & Rosati
For respondent
Christian Brian Corrigan
Montana Department of Justice
Proceedings
- Mar 23 2026Petition DENIED.
- Mar 04 2026DISTRIBUTED for Conference of 3/20/2026.
- Mar 03 2026Reply of petitioner Donna Elizabeth Summers filed. (Distributed)
- Feb 17 2026Brief of respondent Montana in opposition filed.
- Dec 18 2025Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2026. See Rule 30.1.
- Dec 17 2025Response Requested. (Due January 16, 2026)
- Dec 17 2025Motion to extend the time to file a response from January 16, 2026 to February 15, 2026, submitted to The Clerk.
- Dec 10 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 02 2025Waiver of right of respondent Montana to respond filed.
- Nov 14 2025Petition for a writ of certiorari filed. (Response due December 18, 2025)
- Sep 04 2025Application (25A260) granted by Justice Kagan extending the time to file until November 14, 2025.
- Aug 25 2025Application (25A260) to extend the time to file a petition for a writ of certiorari from September 15, 2025 to November 14, 2025, submitted to Justice Kagan.