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Elijah Porter v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-60163 · judgment March 17, 2026


Pending

Questions presented

  1. Whether an officer’s access of an automatic license plate reader database, which indiscriminately collects and stores personally identifying information and location history and allows for the access of such information retrospectively, constitutes a search for purposes of the Fourth Amendment.

  2. Whether a firearm that is capable of automatic fire is an “Arm[]” within the meaning of the Second Amendment.

Counsel of record

For petitioner
Victoria Elizabeth McIntyre
Office of the Federal Public Defender, S.D. Missis

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
25A1367

Proceedings

  1. Aug 20 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 06 2026
    Memorandum of respondent United States filed.
  3. Jul 15 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2026)
  4. Jun 09 2026
    Application (25A1367) granted by Justice Alito extending the time to file until July 15, 2026.
  5. Jun 04 2026
    Application (25A1367) to extend the time to file a petition for a writ of certiorari from June 15, 2026 to July 15, 2026, submitted to Justice Alito.