Cell Phone Search Cases Calendared for 12/6 Conference

Back in August, I wrote about two pending cert petitions before the Supreme Court involving when the Fourth Amendment allows the government to search a search phone incident to arrest. Today the Court scheduled the two cases for the December 6th conference. In other words, it’s likely (but not certain) that we’ll find out then whether the Court will take one or both of the cases to hear them on the merits.

The delay presumably was caused by the Court waiting for the Brief in Opposition in Wurie. Wurie received two extensions on the brief, ultimately filing last Friday, November 15th, and both cases were distributed for the December 6th conference today. The Wurie brief in opposition is here; it’s very bare bones, almost to the point of being useless. (Which may not be a bad strategic move, given the occasional reverse psychology of BIOs.)

If the Court grants in either case (or both), it will be the first bona fide computer search case before the Supreme Court. The first of many, I expect.

Hat tip: Michelle Olson