No. 24-424

Raymond N. Bailey, Jr. v. Arkansas

Lower Court: Arkansas
Docketed: 2024-10-16
Status: Denied
Type: Paid
Amici (3) Experienced Counsel
Tags: criminal-supervision fourth-amendment probable-cause residency-verification search-and-seizure warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2025-01-17
Question Presented (AI Summary)

Whether a warrantless search violates the Fourth Amendment where government lacks probable cause to believe the place searched is the person's actual residence

Question Presented (OCR Extract)

QUESTION PRESENTED More than 3.5 million people in the United States are subject to warrantless, suspicionless searches of their residences as a result of their probation or parole. Circuits and state supreme courts are split over the level of certainty government officials must have that a place is, in fact, the residence of a person subject to warrantless searches before officials may search it without a warrant. The Eighth Circuit, like several others, has held that the Fourth Amendment requires that government officials have probable cause to believe a place to be searched is, in fact, the residence of the person subject to a warrantless search before it may be searched without a warrant. In the decision below, the Supreme Court of Arkansas, which is a state in the Eighth Circuit, held that the Fourth Amendment does not require probable cause, but rather requires only reasonable suspicion. The question presented is: Whether a warrantless search violates the Fourth Amendment where, although a person’s residence is subject to warrantless search, the government lacks probable cause to believe that the place to be searched is, in fact, that person’s residence. (i)

Docket Entries

2025-01-21
Petition DENIED.
2024-12-31
DISTRIBUTED for Conference of 1/17/2025.
2024-12-30
Reply of Raymond N. Bailey, Jr. submitted.
2024-12-30
2024-12-16
Brief of Arkansas in opposition submitted.
2024-12-16
2024-11-15
2024-11-15
2024-11-15
2024-10-30
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2024.
2024-10-29
Motion to extend the time to file a response from November 15, 2024 to December 16, 2024, submitted to The Clerk.
2024-10-14
Petition for a writ of certiorari filed. (Response due November 15, 2024)
2024-07-22
Application (24A72) granted by Justice Kavanaugh extending the time to file until October 13, 2024.
2024-07-18
Application (24A72) to extend the time to file a petition for a writ of certiorari from August 14, 2024 to October 13, 2024, submitted to Justice Kavanaugh.

Attorneys

Arkansas
Nicholas Jacob BronniSolicitor General of Arkansas, Respondent
Nicholas Jacob BronniSolicitor General of Arkansas, Respondent
Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Law Enforcement Action Partnership
Jacob Thomas SpencerGibson, Dunn & Crutcher LLP, Amicus
Jacob Thomas SpencerGibson, Dunn & Crutcher LLP, Amicus
Raymond N. Bailey, Jr.
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner
The Rutherford Institute
Derek Charles ReinboldKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
Derek Charles ReinboldKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus