We previously looked at Bill Cassare’s and Army DAD’s cert petition in Clayton, No. 09-1532, here. As the SG’s office does in almost every non-capital military justice caes (Smith, No. 10-18 being an exception), the SG waived the United States’ right to respond to the cert petition. On Thursday, the Supremes called for a response from the SG.
To refresh your recollection, here’s the QP:
WHETHER PETITIONER’S FOURTH AMENDMENT RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES WAS VIOLATED WHEN A MILITARY JUDGE FOUND PROBABLE CAUSE TO SEARCH PETITIONER’S QUARTERS DESPITE A COMPLETE ABSENCE OF EVIDENCE THAT PETITIONER HAD DOWNLOADED OR POSSESSED ANY CHILD PORNOGRAPHY AND WHERE THERE WAS NO NEXUS OF ANY TYPE BETWEEN CHILD PORNOGRAPHY AND THE LOCATION SEARCHED.
The full cert petition is available here.