No. 18-5588

Juan Manuel Sanchez-Jara v. United States

Lower Court: Seventh Circuit
Docketed: 2018-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-site-simulator fourth-amendment fourth-amendment-search privacy probable-cause residence surveillance warrant
Key Terms:
FourthAmendment CriminalProcedure Securities Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a 'warrant and order' issued under 18 U.S.C. sec. 2703, is barred by the Fourth Amendment?

Question Presented (from Petition)

QUESTIONS PRESENTED I. Whether location of a cell phone user in his residence through use of a cell site simulator, without a probable cause warrant, but with a “warrant and order” issued under 18 U.S.C. sec. 2703, is barred by the Fourth Amendment? This Court has a pending petition raising a similar issue involving location of an individual in a parked automobile through use of a cell site simulator under a location-tracking warrant, though a search characterized by the appellate decision as being in a public place. United States v. Patrick, No. 17-6256, cert. filed October 15, 2017. II. Whether even if a probable case warrant had been obtained for use of a cell site simulator, use of the device would have resulted in a general search barred by the Fourth Amendment? i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-21
Waiver of right of respondent United States to respond filed.
2018-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2018)

Attorneys

Juan Manuel Sanchez-Jara
John T. KennedyLaw Office of John T. Kennedy, Petitioner
John T. KennedyLaw Office of John T. Kennedy, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent