consent
93 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6348 | Mounir Mrabet v. United States | Second Circuit | 2025-12-12 | Denied | Response WaivedIFP | consent fourth-amendment government-action probable-cause search-and-seizure warrantless-search | Can the government enter into a warrantless search without consent |
| 25-6266 | George Ugochukwu Egwumba v. United States | Ninth Circuit | 2025-12-02 | Denied | Response WaivedIFP | consent criminal-law identity-theft means-of-identification possession-offense statutory-interpretation | Whether the government must prove a defendant possessed a means of identification without the consent of its owner to sustain a conviction for a 'poss… |
| 25A260 | Donna Elizabeth Summers v. Montana | Montana | 2025-09-04 | Presumed Complete | consent fourth-amendment reasonable-suspicion search-and-seizure seizure traffic-stop | Whether a traffic stop participant's consent to continued questioning after the stop's purpose has been completed is valid when the officer's prior co… | |
| 25-131 | David C. L. Walton v. Ashley Nehls | Seventh Circuit | 2025-08-04 | Denied | consent constitutional-rights eighth-amendment incarceration prison-official sexual-misconduct | Whether the Eighth Amendment permits a rule treating an incarcerated person as capable of giving legally effective consent to sexual conduct with a pr… | |
| 24A1119 | Curtis Levar Wells, Jr. v. Javier Fuentes, et al. | Fourth Circuit | 2025-05-20 | Presumed Complete | consent fourth-amendment inventory-search probable-cause qualified-immunity search-and-seizure | Whether the Fourth Amendment permits warrantless searches based on purported consent when the totality of circumstances suggests the consent was not v… | |
| 24-7228 | Eric Corder v. United States | Seventh Circuit | 2025-05-16 | Denied | Response WaivedIFP | consent curtilage evidence-gathering fourth-amendment illegal-entry implied-license | Whether government agents have an implied license to enter the curtilage of a fenced and gated home to gather evidence, and whether voluntary consent … |
| 24-913 | Nubian Nuh Mohammed v. Universal Protection Service, LLC, dba Allied Universal Security Services | First Circuit | 2025-02-25 | Denied | Response Waived | business-purpose consent contractual-damages electronic-signature legal-standing unauthorized-use | Whether an electronic signature used without express consent can form the basis for a legal claim for damages |
| 23-7773 | Christopher Marcel Esqueda v. United States | Ninth Circuit | 2024-06-21 | Denied | Response WaivedIFP | consent Florida-v-Jardines fourth-amendment fourth-amendment-search implied-consent implied-license jardines-precedent law-enforcement property-based-test property-rights search search-and-seizure secret-recording undercover-agent | Fourth-Amendment-search |
| 23-1287 | Ian Brenner v. Randy Irwin, Superintendent, State Correctional Institution at Forest, et al. | Third Circuit | 2024-06-10 | Denied | Response Waived | certificate-of-appealability civil-procedure confrontation-clause consent due-process ineffective-assistance jurisdiction magistrate magistrate-jurisdiction standing strickland-standard surrogate-expert | Whether denial of a Certificate of Appealability is proper when the magistrate judge who entered judgment lacked jurisdiction because the Petitioner d… |
| 23-7413 | Adonis Marquis Perry v. United States | Fourth Circuit | 2024-05-08 | Denied | Response WaivedIFP | cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search | Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enforc… |
| 23-7385 | Jacob Paul Bermel v. United States | Eighth Circuit | 2024-05-06 | Denied | Response WaivedIFP | consent electronic-device failure-to-object fourth-amendment implied-consent minor-consent search search-and-seizure warrantless-search | Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? |
| 23-1186 | Rodney Thomas Ternovsky v. Florida | Florida | 2024-05-02 | Denied | Response Waived | consent due-process evidence-admissibility fair-trial Fourteenth-Amendment irrelevant-evidence jury-prejudice prejudicial-evidence trial-procedure | Whether the Petitioner's Fourteenth-Amendment-due-process-right-to-a-fair-trial-was-violated |
| 23-7341 | Ronald Leon Thompson v. Colorado | Colorado | 2024-04-30 | Denied | IFP | appellate-review consent constitutional-error constitutional-interpretation criminal-procedure harmless-error judicial-definition jury-instructions legal-standard trial-court-discretion | Whether the Court of Appeals erred in finding the trial court's error in failing to define the term consent was constitutional harmless error |
| 23-1111 | Glenn Laird v. United Teachers Los Angeles, et al. | Ninth Circuit | 2024-04-12 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | compelled-speech consent first-amendment nonmember-employees public-sector-labor public-sector-unions union-dues waiver-of-rights | Do nonmember public employees who have rescinded their prior consent to union dues deductions enjoy the same right to freedom from compelled speech as… |
| 23-6796 | Yanier N. Tellez, aka Yanier Tellez-Crespo v. United States | Sixth Circuit | 2024-02-21 | Denied | Response WaivedIFP | 4th-amendment consent consent-search fourth-amendment probable-cause search-and-seizure seizure-of-evidence traffic-stop wallet-search warrantless-search | Was the District Court's denial of Petitioner's Motion to Suppress a result of clear error in determining the facts relative to consent for search ver… |
| 23-6191 | In Re Colby Jerome Hale | 2023-12-07 | Denied | IFP | civil-procedure consent consent-search constitutional-jurisdiction district-court due-process federal-procedure magistrate notification peace-officer standing statutory-interpretation | What is the purpose of Rule 18 of the Supreme Court of the United States on an appeal from the U.S. District Court | |
| 23-5894 | Myron Lee Brandon v. United States | Eighth Circuit | 2023-10-26 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment 6th-amendment consent criminal-procedure due-process evidence evidence-exclusion fifth-amendment jury-instructions sixth-amendment transportation-of-minors | Exclusion of evidence on prostitution and lying by alleged victim |
| 23-372 | Torey Jarrett v. Service Employees International Union Local 503, et al. | Ninth Circuit | 2023-10-06 | Denied | Amici (2)Response WaivedRelisted (2) | 42-U.S.C.-§-1983 civil-rights consent due-process public-employees public-sector-unions state-action state-actor union-dues wage-deduction wage-deductions | Whether a state-designated exclusive representative is a state actor under 42 U.S.C. § 1983 when it directs a public employer to deduct dues from non-… |
| 23-302 | Bryce Watkins v. Brian Wunderlich, et al. | Tenth Circuit | 2023-09-26 | Denied | Response Waived | co-occupant-rights consent consent-search domestic-violence express-refusal fourth-amendment home-entry shared-dwelling warrantless-search | Whether the Fourth Amendment permits the police to enter a shared dwelling solely based on consent, when a physically present resident recently has ex… |
| 23-5477 | James Thomas Butler, II v. United States | Eleventh Circuit | 2023-08-30 | Denied | Response WaivedIFP | consent consent-search digital-evidence due-process forensic-extraction fourth-amendment law-enforcement-procedure search-and-seizure smartphone smartphone-privacy | Does consent to 'take a look' at a smartphone extend to a full forensic extraction? |
| 22-7708 | Brian Collins v. Warden, United States Penitentiary, Victorville | Ninth Circuit | 2023-06-05 | Denied | Response WaivedIFP | administrative-adjudication consent detainer federal-custody federal-jurisdiction jurisdiction-transfer primary-jurisdiction sentence-calculation sovereign-jurisdiction | Was the Ninth Circuit wrong to conclude that the federal government consented to a transfer of primary jurisdiction at the end of its sentence, when n… |
| 22-1096 | Ariadna Ramon Baro v. Lake County Federation of Teachers Local 504, IFT-AFT/AFL-CIO, et al. | Seventh Circuit | 2023-05-10 | Denied | Response Waived | collective-bargaining consent employee-rights first-amendment government-employer janus-v-afscme union-membership waiver waiver-doctrine | May a government employer withhold money from an employee on behalf of a union based solely on the employee's signature on a union membership card whe… |
| 22-1031 | Constance Westfall v. Jose Luna, et al. | Fifth Circuit | 2023-04-25 | Denied | 4th-amendment coercive-interrogation consent curtilage fourth-amendment knock-and-talk search seizure warrant warrantless-search | Whether the 'knock-and-talk' exception to the Fourth Amendment's protection against unlawful entry onto a person's property permits police officers to… | |
| 22-7011 | Charles Matthew Waters v. Anita Marie Waters | Minnesota | 2023-03-14 | Denied | IFP | biological-offspring civil-procedure consent consent-withdrawal due-process family-law order-for-protection order-of-protection standing statutory-interpretation withdrawal | Whether Petitioner was deprived of due process when the trial court would not allow Petitioner's withdrawal of consent to an Order for Protection, pri… |
| 22-6995 | Matthew Patrick Langenberg v. United States | Eighth Circuit | 2023-03-13 | Denied | Response WaivedIFP | 4th-amendment apparent-authority cell-phone cell-phone-privacy consent consent-search fourth-amendment privacy riley-precedent search warrantless warrantless-search | Whether an employer has 'apparent authority' to consent to a complete search, including a forensic examination, of an employee's cell phone based upon… |
| 22-6957 | Toni Marie Davis v. Joseph R. Biden, Jr., President of the United States | Fourth Circuit | 2023-03-07 | Denied | Response WaivedIFP | bodily-autonomy civil-rights consent constitutional-rights due-process government-overreach medical-ethics nuremberg-codes vaccine-mandate voluntary-consent | Did the President including the federal government violate the Constitution and other federal and state laws by mandating an experimental vaccine? |
| 22-6802 | Luis Miguel Sierra-Ayala v. United States | First Circuit | 2023-02-16 | Denied | Response WaivedIFP | 4th-amendment consensual-search consent exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree illegal-seizure police-misconduct reasonable-suspicion search-and-seizure | Should evidence obtained during an illegal police seizure be suppressed where the rights-violating officer testifies that the person in his custody co… |
| 22-6275 | Dalton Alonzo Dixon v. North Carolina, et al. | Fourth Circuit | 2022-12-09 | Denied | IFP | 13th-amendment citizenship civil-rights consent constitutional-rights due-process government-labor-program government-program involuntary-servitude thirteenth-amendment | Whether the statutory presumption of consent when participating in a government program violates the Thirteenth Amendment's prohibition on slavery and… |
| 22-494 | Melodie DePierro v. Las Vegas Police Protective Association Metro, Inc., et al. | Ninth Circuit | 2022-11-23 | Denied | Response Waived | collective-bargaining consent first-amendment free-speech government-employer janus-precedent janus-v-afscme union-dues | Can the government and a union restrict when employees can exercise their First Amendment right not to subsidize union speech without the employees' a… |
| 22-6024 | Orentha James Pea v. United States | Fifth Circuit | 2022-11-08 | Denied | Response WaivedIFP | consent consent-search criminal-procedure fernandez-rule fernandez-v-california fourth-amendment physical-presence randolph-exception randolph-v-california search-and-seizure warrantless-search | Whether the Fourth Amendment requires the objecting party to be physically present on the premises at the time of the search for the objection to be v… |
| 22-5966 | Malachi Henessey Rodriguez v. Minnesota | Minnesota | 2022-11-01 | Denied | Response WaivedIFP | burden-of-proof character-evidence civil-rights coercion consent constitutional-rights criminal-procedure due-process evidence-admission reasonable-doubt | The state failure to prove beyond a reasonable doubt that the petitioner used coercion |
| 22-5115 | Michael Kennedy v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2022-07-15 | Denied | IFP | consent constitutional-rights criminal-procedure defendant-consent due-process fourteenth-amendment right-to-counsel sixth-amendment trial-counsel | Does the Sixth and Fourteenth Amendments require that before a trial counsel can concede a defendant's guilt, trial counsel must first consult with th… |
| 22-5065 | O. L. v. Liliana Jara, et al. | Ninth Circuit | 2022-07-11 | Denied | Response WaivedIFP | cell-phone-search consent digital-duplication fourth-amendment possessory-interest privacy search-and-seizure seizure | When a crime victim's cell phone is searched, what is the scope of consent? |
| 21-8260 | Tracy Garrett v. Warden, FCC Coleman-USP II | Eleventh Circuit | 2022-06-29 | Denied | Response WaivedIFP | 4th-amendment appellate-review certiorari-standard circuit-split consent constitutional-violation federal-question fourth-amendment search-and-seizure supervisory-power warrantless-search | Whether the 11th Circuit erred in declining to entertain a 4th Amendment violation issue |
| 21-7874 | William Meyer v. United States | Eighth Circuit | 2022-05-16 | Denied | Response WaivedRelisted (2)IFP | 4th-amendment civil-rights consent due-process exigent-circumstances fourth-amendment home-entry knock-and-talk search-and-seizure warrantless-search | Whether a homeowner's repeated denials of consent to search during a 'knock and talk' establishes exigent circumstances, specifically that the destruc… |
| 21-7375 | Rodolfo Rodriguez, Jr. v. United States | Tenth Circuit | 2022-03-15 | Denied | Response WaivedIFP | 4th-amendment appellate-review consensual-encounter consent criminal-procedure investigative-detention investigative-stop law-enforcement-interaction search-and-seizure standard-of-review voluntary-consent | What is the appropriate standard to be applied in determining whether an encounter with police was consensual or an investigative stop? |
| 21-6890 | Robert William Moats v. United States | Fourth Circuit | 2022-01-20 | Denied | Response WaivedIFP | civil-rights consensual-encounter consent constitutional-rights criminal-procedure detention fourth-amendment police-detention probable-cause search-and-seizure | Whether the majority opinion of the United States Fourth Circuit of Appeals, which held that the defendant had a consensual encounter with police and … |
| 21-926 | Cooper Tire & Rubber Company v. Tyrance McCall | Georgia | 2021-12-22 | Denied | Amici (3)Relisted (4) | consent corporate-registration due-process forum-contacts fourteenth-amendment general-jurisdiction personal-jurisdiction state-sovereignty | Whether the Due Process Clause permits a state to assert personal jurisdiction over an out-of-state corporation for claims not arising from the forum … |
| 21-6558 | Keith Anthony Rosario v. Pennsylvania | Pennsylvania | 2021-12-10 | Denied | Response WaivedIFP | apparent-authority consent consent-search fourth-amendment law-enforcement reasonable-belief residence search warrant-requirement | Does the apparent authority exception to the Fourth Amendment's warrant requirement permit a police officer to reasonably believe a seventeen-year-old… |
| 21-6290 | George Steven Burch v. Wisconsin | Wisconsin | 2021-11-16 | Denied | Response WaivedIFP | consent consent-search data-retention digital-privacy fourth-amendment law-enforcement search-and-seizure smartphone-data warrantless-search | Whether the Fourth Amendment tolerates the government duplicating, retaining, and warrantlessly searching the entire digital contents of a smartphone … |
| 21-6223 | Aaron Martin Mercado-Gracia v. United States | Tenth Circuit | 2021-11-09 | Denied | IFP | 4th-amendment consent fourth-amendment police-questioning race racial-profiling reasonable-person reasonable-person-standard totality-of-circumstances traffic-stop | Whether the person's race is a factor in determining if a person objectively believed he could refuse an officer's request to answer more questions af… |
| 21-6212 | Anthony De La Torriente v. United States | Ninth Circuit | 2021-11-08 | Denied | IFP | circuit-split consent criminal-liability intoxication physical-incapability physical-incapacity rule-of-lenity sexual-abuse sexual-abuse-statute statutory-interpretation | Can evidence that a victim was intoxicated suffice to prove the 'physically incapable' element of sexual abuse, or does a conviction require evidence … |
| 21-6177 | Richard Leroy Parker v. United States | Eighth Circuit | 2021-11-04 | Denied | Response WaivedIFP | and whether complying with that order is valid co causation civil-rights consent due-process fourth-amendment law-enforcement medical-examiner seizure | Whether a law enforcement officer's order to 'just kinda stay here' results in a seizure under the Fourth Amendment, and whether complying with that o… |
| 21-6140 | Leonard Morrison v. United States | Fifth Circuit | 2021-11-01 | Denied | Response WaivedIFP | 4th-amendment community-caretaking consent exigent-circumstances fourth-amendment home-search implied-consent law-enforcement probable-cause search-and-seizure warrantless-entry | Whether a court can find voluntary 'implied consent' to a warrantless home entry when the officer did not request permission to enter and was unaware … |
| 21-4 | C. Al Buis v. DLI Assets Bravo, LLC | Virginia | 2021-07-06 | Denied | Response Waived | borrower-agreement consent consent-clause due-process forum-selection forum-selection-clause guaranty-agreement loan-guaranty personal-jurisdiction specific-jurisdiction | Whether a state court can exercise specific personal jurisdiction over an out-of-state guarantor based solely on a co-defendant's consent to a forum-s… |
| 20-8243 | Spencer Richard Andrews v. Michigan | Michigan | 2021-06-08 | Denied | IFP | 4th-amendment appellate-review consent consent-scope digital-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel privacy-rights search-and-seizure smartphone smartphone-search | Did the Michigan court of appeals erroneously expand the defendant's consent to retrieve a telephone number from his smartphone into a consent to sear… |
| 20-7914 | Danny Ray Williams v. United States | Fifth Circuit | 2021-05-03 | Denied | Response WaivedIFP | 4th-amendment cell-phone cell-phone-search consent consent-search custodial-interrogation digital-privacy forensic-evidence forensic-search fourth-amendment search-and-seizure | Whether an officer must expressly state that he is seeking consent for a forensic, not just a manual, search of a cell phone |
| 20-1366 | Jesus Gomez-Arzate v. United States | Tenth Circuit | 2021-03-30 | Denied | Response Waived | 4th-amendment attenuation civil-rights consensual-encounter consent consent-to-search due-process fourth-amendment standing traffic-detention unlawful-extension | Whether a continued contact can be deemed a 'consensual encounter' emanating immediately from a period of unlawfully extended detention |
| 20-7359 | Karen Gagarin v. United States | Ninth Circuit | 2021-03-08 | Denied | IFP | circuit-split consent criminal-law criminal-sentencing felony-violation identity-theft means-of-identification statutory-interpretation supreme-court | Does 'another person' in the aggravated identity theft statute include someone who consented to the felonious use of her identifying information? |
| 20-6524 | Joshua D. Myers v. Georgia | Georgia | 2020-12-03 | Denied | IFP | burden-of-proof consent criminal-law criminal-procedure due-process jury-instructions lesser-included-offense sexual-assault sexual-battery standard-of-proof trial-court-discretion trial-procedure | Whether the State proved the essential element of 'without the consent' beyond a reasonable doubt |
| 20-761 | Austin Joseph Campbell v. Missouri | Missouri | 2020-12-02 | Denied | Response Waived | burden-of-proof consent criminal-law due-process jury-instructions sexual-assault | Is evidence that a complainant does not remember giving consent, and states that she awoke from sleep during the sexual encounter, legally sufficient … |
| 20-753 | Confederated Tribes and Bands of the Yakama Nation v. Yakima County, Washington, et al. | Ninth Circuit | 2020-12-01 | Denied | Response RequestedResponse WaivedRelisted (2) | agency-deference consent criminal-jurisdiction federal-indian-law federal-jurisdiction indian-country indian-law public-law-280 public-safety retrocession statutory-interpretation tribal-sovereignty | Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effect… |
| 20-6445 | Cristofer Jose Gallegos-Espinal v. United States | Fifth Circuit | 2020-11-27 | Denied | Response WaivedIFP | 4th-amendment cell-phone cell-phone-search consent consent-form forensic-search fourth-amendment government-surveillance perpetuity riley-precedent riley-v-california | Whether verbal consent to 'look through' a cell phone, followed by written consent on an outmoded pre-Riley consent form, permits the government to pe… |
| 20-727 | Facebook, Inc. v. Perrin Aikens Davis, et al. | Ninth Circuit | 2020-11-25 | Denied | Amici (1) | civil-procedure consent content-provider electronic-communication internet-content-provider internet-privacy user-consent web-browser wiretap-act | Whether an internet content provider violates the Wiretap Act where a computer user's web browser instructs the provider to display content on the web… |
| 20-576 | Sharon Darlene Lopez v. California | California | 2020-10-30 | Denied | Response Waived | blood-draw civil-rights consent constitutional-rights driving-privilege due-process fourth-amendment implied-consent search warrantless-search | Can the State of California condition driving upon its public highways upon a motorist's agreement to surrender Fourth Amendment rights for purposes o… |
| 20-6090 | Reginald Ferguson v. United States | Sixth Circuit | 2020-10-21 | Denied | Relisted (2)IFP | civil-rights consensual-encounter consent criminal-procedure due-process fourth-amendment law-enforcement probable-cause reasonable-suspicion testimony | Can a court determine that an encounter was initially consensual when the officer testified that he did not remember how it was initiated, nor is it c… |
| 20-5620 | Ivan Soto-Barraza and Jesus Lionel Sanchez-Meza v. United States | Ninth Circuit | 2020-09-09 | Denied | Response WaivedIFP | consent conspiracy constructive-amendment criminal-procedure extortion hobbs-act jury-instructions robbery | Can a conviction for conspiracy to commit robbery and attempted interference with commerce by robbery stand if the jury was instructed on the elements… |
| 20-209 | Ali Gadelhak v. AT&T Services, Inc. | Seventh Circuit | 2020-08-21 | Denied | Relisted (2) | automatic-telephone-dialing-system circuit-split consent database-telemarketing smartphone statutory-interpretation telemarketing telephone-consumer-protection-act | Whether the definition of an 'automatic telephone dialing system' (ATDS) under the Telephone Consumer Protection Act (TCPA) encompasses only systems t… |
| 19-1382 | Sterling Jewelers, Inc. v. Laryssa Jock, et al. | Second Circuit | 2020-06-16 | Denied | Amici (2) | absent-class-members arbitration arbitration-agreement arbitrator-authority class-arbitration consent consent-requirement contract-interpretation due-process lamps-plus lamps-plus-v-varela stolt-nielsen stolt-nielsen-v-animalfeeds | Whether an arbitrator may compel class arbitration without finding actual consent, and instead based only on a finding that the agreement does not una… |
| 19-8612 | Edward Ronald Stamper v. United States | Ninth Circuit | 2020-06-05 | Denied | Response WaivedIFP | consent criminal-intent criminal-law due-process indian-reservation ineffective-assistance-of-counsel jury-instruction jury-instructions mens-rea sexual-abuse sexual-assault | Was Stamper's conviction in contravention of multiple decisions of this Court, including Rehaif v. United States, 139 S. Ct. 2191 (2019) and United St… |
| 19-1337 | Todd Phillippi v. Humble Design, L.L.C., et al. | Fifth Circuit | 2020-06-04 | Denied | Response Waived | civil-procedure consent dismissal district-court-jurisdiction federal-civil-procedure federal-courts frcp-41 FRCP-60(b) judicial-consent jurisdiction legal-representative magistrate-authority prevailing-party rule-60b standing | Whether the District Court and Fifth Circuit Court of Appeals have created an exception to 28 USC 636 (c) |
| 19-8323 | William George Coodey v. Oklahoma | Oklahoma | 2020-04-21 | Denied | IFP | consent criminal-procedure dna-evidence dna-testing due-process factual-innocence jackson-v-virginia rape sixth-amendment | Whether DNA testing that would undermine an alleged rape victim's testimony denying consent to sexual intercourse would create sufficient uncertainty … |
| 19-1166 | Diné Citizens Against Ruining Our Environment, et al. v. Bureau of Indian Affairs, et al. | Ninth Circuit | 2020-03-24 | Denied | administrative-law administrative-procedure-act agency-action civil-procedure consent federal-agency federal-jurisdiction non-federal-entity rule-19 standing statutory-interpretation statutory-requirements | Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action | |
| 19-7757 | Babatunde Popoola v. United States | Fourth Circuit | 2020-02-24 | Denied | Response WaivedIFP | bank-fraud consent criminal-law criminal-procedure financial-crimes identity-theft money-laundering predicate-crime statutory-interpretation | Whether a person who with the consent of a bank account holder provides identifying information to a third party to deposit funds into the account whe… |
| 19-7640 | Phillip Auston Carrier v. Billy Romero, Warden | Eleventh Circuit | 2020-02-11 | Denied | Response WaivedIFP | 28-usc-2255 appellate-review congress-intent consent constitutional-law federal-appellate-court federal-prosecutor federal-prosecutor-consent gatekeeping-role gatekeeping-standard habeas-corpus habeas-corpus-2255-motion prosecutorial-consent second-or-successive-petition second-petition section-2255 | Whether the remedy by motion authorized by 28 U.S.C. §2255(h)(2) is rendered inadequate or ineffective |
| 19-7507 | Tommy Gurule v. United States | Tenth Circuit | 2020-01-30 | Denied | Response WaivedIFP | 4th-amendment consent consent-search detention fourth-amendment passenger-rights passengers search-and-seizure traffic-stop vehicle-search | If the driver of a car consents to its search, may officers frisk non-consenting passengers and detain them for the duration of the search? |
| 19-899 | Shaniz West v. Doug Winfield, et al. | Ninth Circuit | 2020-01-21 | Denied | Amici (3)Relisted (6) | 4th-amendment civil-rights consent due-process excessive-force fourth-amendment law-enforcement property-damage property-rights qualified-immunity | Whether an officer who has consent to 'get inside' a house but instead destroys it from the outside is entitled to qualified immunity in the absence o… |
| 19-823 | Susan Pearsall v. Thomas C. Guernsey, DDS | Ohio | 2019-12-31 | Denied | Response WaivedRelisted (2) | appellate-review civil-procedure consent constitutional-procedure court-intervention due-process judicial-modification legal-consent separation-of-powers settlement-agreement | Whether it is unconstitutional for the Court to write, rewrite, modify, or add to a so-called settlement agreement without the consent of the parties … |
| 19-7106 | Peter Woodley v. United States | Third Circuit | 2019-12-30 | Denied | Response WaivedIFP | 4th-amendment consent consent-to-search lawful-possession reasonable-expectation-of-privacy rental-car search-and-seizure standing | Whether an unauthorized driver of a rental car maintains lawful possession and control of the car where there are modest violations of the rental car … |
| 19-751 | Elio Gutierrez v. California | California | 2019-12-12 | Denied | Response Waived | blood-alcohol-content blood-draw consent driving-under-the-influence dui-arrest fourth-amendment Fourth-Amendment-search-incident-to-arrest law-enforcement search-exception search-incident-to-arrest | Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells… |
| 19-693 | Peter Balov v. California | California | 2019-12-02 | Denied | Response Waived | blood-alcohol-content blood-draw coercion consent dui fourth-amendment officer-authority probable-cause search-and-seizure | Is a motorist's consent to a blood draw, for purposes of determining blood-alcohol content, voluntary within the meaning of the Fourth Amendment where… |
| 19-557 | Cedric L. McDonald v. United States | Armed Forces | 2019-10-29 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | bodily-harm consent court-martial criminal-law due-process mens-rea military-justice sexual-assault | Whether Congress's omission of a mens rea for the offense of sexual assault by bodily harm means mere negligence as to the lack of consent suffices |
| 19-6233 | Alshaqah Tariq Powell v. United States | Third Circuit | 2019-10-09 | Denied | IFP | 4th-amendment civil-procedure consent consent-search consent-to-search constitutional-rights criminal-procedure due-process expectation-of-privacy fourth-amendment involuntary-consent traffic-stop vague-consent-form vagueness | Whether Petitioner had the Fourth Amendment rights as a United States Citizen to be advised of his rights to the 'expectation of privacy' during a det… |
| 19-5731 | Angel Mesa Madueno v. California | California | 2019-08-28 | Denied | Response WaivedIFP | 4th-amendment civil-rights consensual-encounter consent fourth-amendment independent-contractor privacy property-rights search-and-seizure standing trespass warrantless-entry | Whether an independent contractor legitimately working in another's back yard has standing to contest a warrantless and non-exigent entry onto the pro… |
| 19-72 | PennyMac Financial Services, Inc., et al. v. Richard Smigelski | California | 2019-07-15 | Denied | Response Waived | arbitration-agreement civil-procedure consent federal-arbitration-act legal-fiction preemption state-consent state-law state-party | Whether the Federal Arbitration Act preempts a state-law rule that prohibits the enforcement of an arbitration agreement in a dispute covered by that … |
| 18-1543 | Michael A. Katz, Individually and on Behalf of All Others Similarly Situated v. Cellco Partnership, dba Verizon Wireless | Second Circuit | 2019-06-14 | Denied | Response RequestedResponse WaivedRelisted (2) | arbitration-act arbitration-stay article-iii civil-procedure consent constitutional-rights due-process federal-arbitration-act federal-courts fifth-amendment judicial-review standing voluntary-consent waiver wellness-international-network-v-sharif | Whether Federal Arbitration Act (FAA) § 3 requires the district court to stay the action after it compels arbitration of all claims and a stay is requ… |
| 18-9565 | Casey Stoermer v. Ohio | Ohio | 2019-06-06 | Denied | Response WaivedIFP | consent drug-possession exigent-circumstances fourteenth-amendment fourth-amendment probable-cause search-and-seizure search-warrant sentencing-enhancement warrantless-search | Whether the warrantless search of Stoermer's apartment was justified despite the lack of exigent circumstances |
| 18-9398 | Ali Cisse v. New York | New York | 2019-05-23 | Denied | Response WaivedIFP | 18-usc-2511 circuit-court-split circuit-split civil-rights consent fourth-amendment mitchell-v-wisconsin privacy privacy-rights statutory-interpretation title-iii wiretapping wiretapping-consent | Does knowledge of wiretapping establish 'consent' to wiretapping under 18 U.S.C. § 2511(2)(c)? |
| 18-1458 | Charles J. Vernier v. Debra Gallegos | New Mexico | 2019-05-22 | Denied | Response Waived | 42-usc-1983 4th-amendment 4th-amendment-search burden-of-proof circuit-precedent circuit-split civil-rights clearly-established clearly-established-law consent consent-burden fourth-amendment implied-consent qualified-immunity search-and-seizure | Did the state appellate court err in failing to apply the standards set forth in federal case law regarding 42 U.S.C. § 1983 and the qualified immunit… |
| 18-9371 | Lawrence Dusean Adkinson v. United States | Seventh Circuit | 2019-05-21 | Denied | Response WaivedIFP | 4th-amendment adhesion-contract cellular-service civil-rights consent csli due-process fourth-amendment historical-csli location-tracking privacy privacy-policy standing | Whether a defendant necessarily consents to disclosure of historical CSLI data tracking his physical location in excess of seven days simply by utiliz… |
| 18-9058 | Juan L. Garcia v. United States | Fifth Circuit | 2019-05-01 | Denied | Response WaivedIFP | 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search | Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the search of a person's home and belongings when the pers… |
| 18-1283 | Joseph Montano v. Texas | Fifth Circuit | 2019-04-10 | Denied | Response Waived | consent consent-requirement cross-examination double-jeopardy fifth-amendment fifth-amendment-privilege judicial-discretion mistrial oregon-v-kennedy plain-error united-states-v-olano | Whether the underlying reason for a sua sponte declaration of mistrial was plain error that overrides the consent requirement of Oregon v. Kennedy, an… |
| 18-7720 | Howard Webber v. United States | Ninth Circuit | 2019-02-01 | Denied | Response WaivedIFP | circuit-split consent consent-defense criminal-law due-process federal-criminal-procedure federal-statute identity-theft mens-rea statutory-interpretation | Can consent be a defense to aggravated identity theft under 18 U.S.C. § 1028A? |
| 18-7619 | Michael Scott Morris v. United States | Tenth Circuit | 2019-01-30 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment coercion consent criminal-procedure due-process fourth-amendment police-coercion probable-cause search-and-seizure voluntary-consent warrant-requirement | Is consent to search a home freely and voluntarily given when police threaten arrest and jail if they are required to obtain a search warrant? |
| 18-915 | Gregory T. Christian v. K. A. Payne, et al. | Fourth Circuit | 2019-01-16 | Denied | Response Waived | 4th-amendment audio-evidence coercion consent evidence-suppression fourth-amendment procedural-irregularities qualified-immunity search-and-seizure section-1983 suppression-of-evidence warrantless-search | Whether producing identification without being requested justifies search for weapons several minutes later |
| 18-764 | Oscar Henry Steinmetz v. United States | Eighth Circuit | 2018-12-14 | Denied | Response Waived | 4th-amendment civil-rights consent consent-search constitutional-rights criminal-procedure due-process fourth-amendment law-enforcement probable-cause search-and-seizure | Does the law regarding searches, seizures, and consent need clarification for proper guidance and application? |
| 18-6642 | Ikemefula Charles Ibeabuchi v. Arizona | Arizona | 2018-11-08 | Denied | Response WaivedIFP | civil-rights consent constitutional-rights due-process equal-protection fees judicial-review probation probation-conditions probation-officer revocation right-to-counsel | Did the court violate Mr. Ibeabuchi's right to counsel by revoking his probation for exercising his constitutional rights? |
| 18-500 | The First Presbyterian Church U. S. A. of Tulsa, Oklahoma, et al. v. John Doe | Oklahoma | 2018-10-18 | Denied | Amici (3) | affirmative-defense church-discipline church-doctrine church-government church-member-disputes consent consent-based first-amendment jurisdiction jurisdictional-doctrine membership membership-dispute religious-autonomy | Whether the religious autonomy doctrine derives from the First Amendment or is a consent-based doctrine applicable only to disputes between a church a… |
| 18-6354 | Cheryl Lynn Jossie v. CVS Pharmacy | Eleventh Circuit | 2018-10-17 | Denied | Response WaivedRelisted (3)IFP | civil-rights consent discrimination healthcare-information healthcare-information-processing healthcare-information-sharing healthcare-privacy herzing-university hipaa-violation license-practical-nurse licensing medical-information-sharing patient-consent privacy privacy-rights | Why is CVS Pharmacy being allowed to break the law by sharing my Healthcare information? My consent was not given or authorized to be included in thei… |
| 18-5296 | Todd Rasberry v. United States | First Circuit | 2018-07-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | consent fourth-amendment home-privacy home-search probable-cause search-and-seizure terry-stop terry-v-ohio warrant-requirement warrantless-search | Whether the government can circumvent a home occupant's consent by invoking Terry v. Ohio to search the home and person without a warrant |
| 18-5265 | In Re Brandon Lee | 2018-07-18 | Denied | IFP | consent consent-requirements criminal-procedure due-process equal-protection indictment-procedure indictments indigent-defendants judicial-standard prosecutorial-discretion right-to-counsel right-to-effective-assistance-of-counsel right-to-jury-trial standard | Whether the state can rely on true bill of indictments that meet the clearly erroneous standard without verbal and/or written consent of indigent defe… | |
| 18-5151 | James G. Yahnke v. North Dakota | North Dakota | 2018-07-06 | Denied | IFP | 4th-amendment blood-test civil-rights consent constitutional-rights drunk-driving due-process fourth-amendment implied-consent probable-cause search-and-seizure warrantless-search | Whether the Fourth Amendment prohibits warrantless blood tests for drunk driving, where a motorist has not consented to the blood test |
| 18-27 | Estate of Juanita Jackson, et al. v. Rubin Schron | Eleventh Circuit | 2018-07-05 | Denied | all-writs-act bankruptcy bankruptcy-jurisdiction consent injunctive-relief judicial-authority jurisdiction non-core-proceedings permanent-injunction state-law-claims | Can bankruptcy courts use the All Writs Act to expand their jurisdiction and authority beyond the confines of the Bankruptcy Code? And if so, can they… |