Supreme Court of the United States · Official docket →
Dazmine Erving v. United States
IFP petition · United States Court of Appeals for the Seventh Circuit, No. 23-2828, 23-2831 · judgment January 20, 2026
Questions presented
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Does the clarification of the “immediate control” standard in Arizona v. Gant, 556 U.S. 332, 341 (2009), apply to protective searches of automobiles under Michigan v. Long, 463 U.S. 1032, 1049 (1983)?
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May the government rely on the protective-sweep doctrine by merely arguing that the officer could have conducted a protective search, even if the record shows that the officer objectively did not conduct a protective search and the government failed to develop any inevitable-discovery argument?
Counsel of record
For petitioner
Michael Will Roy
Federal Public Defender Central District of Ill.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 03 2026DISTRIBUTED for Conference of 6/18/2026.
- May 27 2026Waiver of right of respondent United States to respond filed.
- Apr 17 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2026)