| 25-709 |
West Virginia v. Michael Keith Allman |
West Virginia |
2025-12-18 |
Pending |
|
custodial-arrest evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search |
Whether the State must show that an arrestee could access a weapon or destructible evidence from a bag the arrestee was carrying immediately before ar… |
| 23-7580 |
Joseph Moraga v. Texas |
Texas |
2024-05-29 |
Denied |
IFP |
4th-amendment advisory-opinion contemporaneous-to-arrest custodial-arrest fourth-amendment possession probable-cause reasonable-expectation-of-privacy search-incident-to-arrest warrantless-search |
Whether the warrantless search of luggage stored in a motel closet was valid as incident to arrest |
| 20-419 |
Stephen Robert Deck v. California |
California |
2020-10-01 |
Denied |
Response Waived |
14th-amendment attempt attempt-offense custodial-arrest due-process jury-instructions jury-unanimity right-to-counsel search-warrant temporal-element unanimity |
Whether the temporal direct step element of an attempt offense may be changed by jury instructions |
| 19-5181 |
Lamar Johnson v. United States |
Ninth Circuit |
2019-07-16 |
GVR |
IFP |
arrest-procedure circuit-split custodial-arrest felon-in-possession fourth-amendment probable-cause rehaif-v-united-states search-incident-exception search-incident-to-arrest warrantless-search |
Whether a warrantless search may be upheld under the search-incident-to-arrest exception when the search precedes the arrest |
| 18-9393 |
Tarell McIlwain v. United States |
Second Circuit |
2019-05-23 |
Denied |
IFP |
2nd-circuit 4th-amendment circuit-split custodial-arrest fourth-amendment new-york-court-of-appeals officer-safety probable-cause search-incident-to-arrest warrantless-search |
Can the warrantless search of a person be justified as incident to arrest where, at the time of the search, no arrest has been made and none would hav… |