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Mihal Emberton v. Superior Court of California, City and County of San Francisco, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A175551 · judgment February 9, 2026

estimated cert probability
(petition-stage, structural)

Rule 10: circuit split argued

Well below the 4.1% base rate: the model weights this down for a self-represented petitioner.

Question presented

Whether the privacy deprivation resulting from a government search is determined by lack of visibil ity (lack of plain view) of the property searched, as this Court has held in Marshall, Ciraolo, and Dow, or by deprivation of the right to exclude others, a funda mental component of property ownership, as this Court has held in Boyd, Mapp, Griswold, Katz, United States v. United States Dist. Court for Eastern Dist. of Mich., 407 U. S. 297 (1972), Horton, and Kyllo. 2.Whether the fact that a government search oc curred can be negated by the location of the search or by the type of property seized, as this Court has held in Marshall, Ciraolo, and Dow, or whether the fact that a government search occurred is independent of the location of the search and the type of property seized, as this Court has held in Boyd, Mapp, Gris wold, Katz, United States v. United States Dist. Court for Eastern Dist. of Mich., 407 U. S. 297 (1972), Horton, and Kyllo.

For petitioner
Mihal Emberton

For respondent
—

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

Conference history
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Jun 23 2026
Petition for a writ of certiorari filed. (Response due October 5, 2026)
Petition Proof of Service