No. 24-5107

Myron Motley v. United States

Lower Court: Ninth Circuit
Docketed: 2024-07-18
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment fourth-amendment jurisdictional-split law-enforcement medical-records prescription-data prescription-drugs privacy privacy-expectation search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy HealthPrivacy
Latest Conference: 2024-11-15
Question Presented (AI Summary)

Whether patients hold a reasonable expectation of privacy under the Fourth Amendment in prescription medication records

Question Presented (OCR Extract)

Question Presented for Review “Tt is familiar history that indiscriminate searches and seizures conducted under the authority of ‘general warrants’ were the immediate evils that motivated the framing and adoption of the Fourth Amendment.” Payton v. New York, 445 U.S. 573, 583 (1980). Nevada allows such indiscriminate searches, providing law enforcement access to patients’ prescription histories. In a published opinion, a panel majority approved this statute, deepening a jurisdictional split and departing from this Court’s precedent, to hold that prescription drug information is not private. United States v. Motley, 89 F.4th 777, 783-86 (9th Cir. 2023); Appx. A, pp. 1-13. The question presented is: Whether patients hold a reasonable expectation of privacy under the Fourth Amendment in prescription medication records, which can reveal a wealth of private medical information. i

Docket Entries

2024-11-18
Petition DENIED.
2024-10-31
DISTRIBUTED for Conference of 11/15/2024.
2024-10-25
Reply of petitioner Myron Motley filed.
2024-10-18
Brief of respondent United States in opposition filed.
2024-09-10
Motion to extend the time to file a response is granted and the time is further extended to and including October 18, 2024.
2024-09-09
Motion of United States for an extension of time submitted.
2024-09-09
Motion to extend the time to file a response from September 18, 2024 to October 18, 2024, submitted to The Clerk.
2024-08-16
Motion to extend the time to file a response is granted and the time is extended to and including September 18, 2024.
2024-08-14
Motion of United States for an extension of time submitted.
2024-08-14
Motion to extend the time to file a response from August 19, 2024 to September 18, 2024, submitted to The Clerk.
2024-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2024)

Attorneys

Myron Motley
Ellesse Danielle HendersonEllesse Henderson, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent