Bembury v. Kentucky
Petition for certiorari denied on April 29, 2024
Issue: Whether the exception to the Fourth Amendment"s warrant requirement for searches incident to arrest permits 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.
SCOTUSblog Coverage
- Kentucky man says police violated Fourth Amendment by searching his backpack during arrest (Kalvis Golde, April 19, 2024)
| Date | Proceedings and Orders |
|---|---|
| 10/20/2023 | 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. |
| 10/25/2023 | Application (23A371) granted by Justice Kavanaugh extending the time to file until January 21, 2024. |
| 01/19/2024 | Petition for a writ of certiorari filed. (Response due February 26, 2024) |
| 02/16/2024 | Motion to extend the time to file a response from February 26, 2024 to March 27, 2024, submitted to The Clerk. |
| 02/20/2024 | Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2024. |
| 02/23/2024 | Brief amicus curiae of National Association for Public Defense filed. |
| 02/26/2024 | Brief amicus curiae of Cato Institute filed. |
| 03/27/2024 | Brief of respondent Kentucky in opposition filed. |
| 04/08/2024 | Reply of petitioner William Bembury filed. (Distributed) |
| 04/10/2024 | DISTRIBUTED for Conference of 4/26/2024. |
| 04/29/2024 | Petition DENIED. |