No. 25-709
West Virginia v. Michael Keith Allman
Tags: custodial-arrest evidence-preservation fourth-amendment officer-safety search-incident-to-arrest warrantless-search
Latest Conference:
2026-02-20
Question Presented (from Petition)
Whether the State must show that an arrestee could access a weapon or destructible evidence from a bag the arrestee was carrying immediately before arrest to justify a search of that bag incident to the arrest.
Question Presented (AI Summary)
Whether the State must show that an arrestee could access a weapon or destructible evidence from a bag the arrestee was carrying immediately before arrest to justify a search of that bag incident to the arrest
Docket Entries
2026-02-23
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2026-02-23
Petition DENIED.
2026-02-04
DISTRIBUTED for Conference of 2/20/2026.
2026-02-03
Reply of State of West Virginia submitted.
2026-02-03
Reply of petitioner West Virginia filed. (Distributed)
2026-01-20
Motion of Michael Keith Allman for leave to proceed in forma pauperis submitted.
2026-01-20
Brief of Michael Keith Allman in opposition submitted.
2026-01-20
Motion for leave to proceed in forma pauperis filed by respondent Michael Keith Allman.
2026-01-20
Brief of respondent Michael Keith Allman in opposition filed.
2025-12-16
Petition for a writ of certiorari filed. (Response due January 20, 2026)
Attorneys
Michael Keith Allman
Matthew David Brummond — Public Defender Services, Respondent
State of West Virginia