No. 23-802

William Bembury v. Kentucky

Lower Court: Kentucky
Docketed: 2024-01-25
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: backpack criminal-procedure evidence-seizure fourth-amendment luggage probable-cause purse search-incident-to-arrest warrant-requirement
Latest Conference: 2024-04-26
Question Presented (from Petition)

Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, luggage, or other external container in the arrestee's possession at the time of arrest, if, at the time of the search, the container is separated from the person and there is no reasonable possibility the arrestee could access the container to obtain a weapon or destroy evidence?

Question Presented (AI Summary)

Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, luggage, or other external container in the arrestee's possession at the time of arrest, if, at the time of the search, the container is separated from the person and there is no reasonable possibility the arrestee could access the container to obtain a weapon or destroy evidence?

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-04-08
2024-03-27
2024-02-26
2024-02-23
Brief amicus curiae of National Association for Public Defense filed.
2024-02-20
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024.
2024-02-16
Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk.
2024-01-19
Petition for a writ of certiorari filed. (Response due February 26, 2024)
2023-10-25
Application (23A371) granted by Justice Kavanaugh extending the time to file until January 21, 2024.
2023-10-20
Application (23A371) to extend the time to file a petition for a writ of certiorari from November 22, 2023 to January 21, 2024, submitted to Justice Kavanaugh.

Attorneys

Cato Institute
Clark M. Neily IIICato Institute, Amicus
Kentucky
Matthew Robert KrygielKentucky Office of the Attorney General, Respondent
National Association for Public Defense
Craig S PrimisKirkland & Ellis LLP, Amicus
William Bembury
Richard A. SimpsonWiley Rein, LLP, Petitioner