custodial-arrest
5 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… | |
| 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 … |
| 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 | 1. Whether the temporal direct step element of an attempt offense may be changed by jury instructions to occur on the charged "on or about" dates, or … |
| 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… |
| 18-9393 | 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… |