search-incident-to-arrest
22 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-709 | West Virginia v. Michael Keith Allman | West Virginia | 2025-12-18 | Denied | 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… | |
| 25-331 | Patrick Wayman Scullark, Jr. v. Iowa | Iowa | 2025-09-22 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (3) | arrestee-bag evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search | Whether the Fourth Amendment categorically permits warrantless searches of bags carried by arrestees at the time of arrest but inaccessible to them at… |
| 24-7293 | Alexander Soto v. Massachusetts | Massachusetts | 2025-05-27 | Denied | Response WaivedIFP | arizona-v-gant criminal-procedure drug-trafficking fourth-amendment search-incident-to-arrest warrant-requirement | With respect to the search-incident-to-arrest exception to the warrant requirement of the Fourth Amendment to the United States Constitution, this Cou… |
| 24-7213 | Edward Magruder v. United States | District of Columbia | 2025-05-15 | Denied | Response WaivedIFP | constitutional-law criminal-procedure fourth-amendment probable-cause search-incident-to-arrest warrantless-search | Federal agents found heroin during a warrantless search of a backpack that they seized from Petitioner as he exited a bus. Agents then arrested Petiti… |
| 24-6715 | Robert Keshaun Turner v. United States | Fourth Circuit | 2025-03-06 | Denied | Response WaivedIFP | fourth-amendment probable-cause reasonable-belief search-incident-to-arrest vehicle-search warrant-exception | Whether the Fourth Circuit's application of the vehicle search incident-to-arrest exception to the warrant requirement resolved the meaning of "reason… |
| 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 | PETITIONER AT TRIAL FILED A MOTION TO SUPPRESS EVIDENCE THAT THE STATE ADMITS WAS FOUND DURING A WARRANTLESS SEARCH. Petitioner's MOTION WAS BASED ON … |
| 23-802 | William Bembury v. Kentucky | Kentucky | 2024-01-25 | Denied | Amici (2) | backpack criminal-procedure evidence-seizure fourth-amendment luggage probable-cause purse search-incident-to-arrest warrant-requirement | Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, lug… |
| 23-5473 | Arnez J. Salazar v. United States | Seventh Circuit | 2023-08-29 | Denied | Response WaivedIFP | arizona-v-gant closed-container fourth-amendment law-enforcement probable-cause reaching-distance search-incident-to-arrest secured-arrestee vehicle-search warrantless-search | Whether this Court's opinion in Arizona v. Gant, 556 U.S. 332 (2009) created a two-part test that requires an arrestee to be unsecured and within reac… |
| 21-1344 | Christin Campbell-Martin and Adam Scott Leiva v. United States | Eighth Circuit | 2022-04-11 | Denied | and established the arrestee's identity secured the arrestee in a police car 4th-amendment arrest-search criminal-procedure established-identity false-identification fourth-amendment incident-to-arrest police-procedure probable-cause search-and-seizure search-incident-to-arrest secured-arrestee vehicle-search | In Arizona v. Gant , this Court held, "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is with in reaching dis… | |
| 21-5325 | Raul Adrian Torres v. United States | Ninth Circuit | 2021-08-09 | Denied | Response WaivedIFP | arrestee criminal-procedure fourth-amendment handcuffs law-enforcement probable-cause search-and-seizure search-incident-to-arrest secured | Whether a search of a backpack or other bag that was being carried by an arrestee is permissible as a search incident to arrest even after officers ha… |
| 20-6132 | Mose B. Coffee v. Wisconsin | Wisconsin | 2020-10-26 | Denied | Response WaivedIFP | categorical-approach crime-of-arrest fourth-amendment probable-cause reasonable-suspicion search-incident-to-arrest vehicle-search warrant-requirement | Does Gant's reasonable-to-believe exception to the Fourth Amendment's warrant requirement permit searches on probable cause, reasonable suspicion or a… |
| 19-1102 | Dontae Small v. United States | Fourth Circuit | 2020-03-09 | Denied | Amici (1)Response Waived | abandonment-exception carjacking-statute cell-phone cell-phone-privacy cell-phones digital-contents digital-privacy digital-search fourth-amendment fourth-amendment-warrant-requirement mens-rea riley-v-california search-incident-to-arrest | 1. In Riley v. California, 573 U.S. 373 (2014), this Court held that the "search incident to arrest" exception to the Fourth Amendment's warrant requi… |
| 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… |
| 19-5596 | Eric T. Latham v. United States | Sixth Circuit | 2019-08-15 | Denied | Relisted (2)IFP | 4th-amendment arizona-v-gant civil-rights criminal-procedure evidence fourth-amendment minor-traffic-offense probable-cause search-incident-to-arrest traffic-offense vehicle-search | Is whether this Court's ruling in Arizona v. Gant, 556 U.S. 332 (2009), permitted police officers to conduct a "search incident to arrest" for only "p… |
| 19-5582 | Tuan Duc Lam v. United States | Ninth Circuit | 2019-08-13 | Denied | IFP | circuit-split custodial-detention fourth-amendment knowles-v-iowa ninth-circuit probable-cause search-incident-to-arrest terry-stop terry-v-ohio warrantless-search | Once a police officer makes a formal custodial arrest, the Fourth Amendment permits a warrantless search incident to that arrest. See, e.g., Riley v. … |
| 19-5343 | Amoire Dupree v. United States | Second Circuit | 2019-07-25 | Denied | IFP | 4th-amendment constitutional-law exclusionary-rule fourth-amendment fruit-of-the-poisonous-tree incident-to-arrest law-enforcement probable-cause search-and-seizure 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… |
| 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 | 1. In Rawlings v. Kentucky, 448 U.S. 98 (1980), the Court upheld, under the search-incident-to-arrest exception, a warrantless search that preceded th… |
| 18-1519 | Jason Correa v. United States | Seventh Circuit | 2019-06-06 | Denied | Response RequestedResponse WaivedRelisted (2) | electronic-devices fourth-amendment fourth-amendment-protections law-enforcement multi-unit-buildings privacy privacy-rights search-incident-to-arrest secured-common-areas warrantless-search | Whether or under what circumstances the Fourth Amendment permits law enforcement agents to conduct a warrantless search of the electronic signal of an… |
| 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 | When a police officer makes a lawful custodial arrest, the Fourth Amendment permits a warrantless search of the arrestee's person to protect officer s… |
| 18-7214 | Waymon Scott McLaughlin v. United States | Fifth Circuit | 2019-01-03 | Denied | Response WaivedIFP | arrestee-access arrestee-rights fourth-amendment law-enforcement-procedure probable-cause search-incident-to-arrest unreasonable-search vehicle-search warrant-requirement warrantless-search | Whether the Fourth Amendment permits officers to search objects carried by an arrestee without a warrant even after they have eliminated any realistic… |
| 18-6512 | Jabril Jones v. United States | Sixth Circuit | 2018-11-01 | Denied | Response WaivedIFP | 4th-amendment appeals cell-phone-privacy civil-procedure civil-rights due-process exclusionary-rule false-imprisonment Fourth-Amendment jurisdiction jury-trial probable-cause search-incident-to-arrest sentencing standing warrantless-search | (1) HAVE petitioner BEEN ARREStEd − without PRobabolE CAUSE (2) whether MOUANTS ARREST WARRANT ViolAtE the SECoNd ClAUSE JO The Fourth AmendmeNt (3)… |
| 18-211 | Steven Morris Hurd v. California | California | 2018-08-17 | Denied | Response Waived | cell-phone cell-phone-search criminal-procedure digital-data fourth-amendment physical-objects riley-v-california robinson-precedent search-incident-to-arrest supreme-court-precedent united-states-v-robinson warrant-requirement | Whether this Court's 1970s search incident to arrest precedent involving physical objects applied to non-physical objects such as digital data prior t… |