No. 18-5536

Joseph P. Pacheco v. United States

Lower Court: Tenth Circuit
Docketed: 2018-08-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment cell-phone cell-phone-search cell-phones civil-rights exclusionary-rule fourth-amendment good-faith-exception riley-v-california search-warrant search-warrants
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2018-09-24
Question Presented (AI Summary)

When is a search of a cell phone conducted for the purposes of a search warrant following Riley v. California?

Question Presented (OCR Extract)

QUESTION PRESENTED The petition is an opportunity for this Court to clear up several issues related to search warrants on cell phones. The questions presented include: (1) when is a search of a cell phone conducted for the purposes of a search warrant following Riley v. California? (2) If the search of a cell phone occurs at the time its contents are downloaded, if the cell phone is taken to a different, foreign jurisdiction than from where the search warrant is issued to have the contents downloaded, does this constitute an illegal search in violation of the Fourth Amendment to the United States Constitution? (3) If the search is a warrantless search under the Fourth Amendment, does Leon’s good-faith exception apply? ii

Docket Entries

2018-10-01
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-15
Waiver of right of respondent United States to respond filed.
2018-08-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)
2018-05-30
Application (17A1320) granted by Justice Sotomayor extending the time to file until August 6, 2018.
2018-05-25
Application (17A1320) to extend the time to file a petition for a writ of certiorari from June 5, 2018 to August 4, 2018, submitted to Justice Sotomayor.

Attorneys

Joseph P. Pacheco
Gregory C. RobinsonLaw Office of Gregory Robinson, Petitioner
Gregory C. RobinsonLaw Office of Gregory Robinson, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent