No. 18-7129

Brennan Christian, aka Twin, aka Trey v. United States

Lower Court: Fourth Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: carpenter-precedent carpenter-v-united-states cell-phone-records cell-site-records circuit-split constitutional-rights district-court-discretion fourth-amendment fourth-circuit pro-se-petition stare-decisis
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Has the Fourth Circuit Court of Appeals misapplied this Court's ruling in Carpenter v. United States regarding cell phone records being Constitutionally protected under the Fourth Amendment?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Has the Fourth Circuit Court of Appeals misapplied this Court's ruling in Carpenter v. United States (138 S.Ct. 2206, 2217, 2220 (2018)) regarding cell phone records being Constitutionally protected under the Fourth Amendment, and instead deferring to the District Court's discretion and "decision not to suppress evidence seized after a search of historical cell cite records" over Petitioner's Constitutional rights defined in Carpenter that are not subject to the District Court's discretion? 2. Has the Fourth Circuit Court of Appeals begun to establish a precedential stare decisis beginning with United States v. Chavez,(No. 16-4499), 894 F.3d 593 (4th Cir. 2018), and continuing through Petitioner's case that splits the Fourth Circuit from the other Circuits respective to the correct application of Carpenter? . 3. Should Chavez be granted Certiorari, is Petitioner's case similarly situated enough so as to warrant Certiorari, despite Petitioner's pro se instant 4. Should Chavez not be granted Certiorari, is Petitioner's case sufficiently attenuated or unique enough to warrant Certiorari, despite Petitioner's pro se instant Petition shortcomings? : -i,

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Brennan Christian
Brennan Christian — Petitioner
Brennan Christian — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent