Dockery Cleveland v. United States
DueProcess FourthAmendment Privacy
Whether the failure to extract information from a cell phone within the time limitation of a warrant requires suppression of the tardily obtained information
QUESTIONS PRESENTED FOR REVIEW I. Because of the unique nature of a cell phone, the intrusion into the owner of the device will be ongoing as long as the device has the ability to be powered. Therefore, if a magistrate judge has placed a time limitation on the Government’s ability to extract information from the device, does the failure of the extraction to be performed within the permissible framework of the warrant require the suppression of the tardily obtained information? IL. Because the right to serve on a jury is that of the prospective juror, once a defendant has challenged the Government’s use of a peremptory challenge on a prospective juror who was African-American without providing an adequate race neutral basis for the challenge, does the defendant need to renew the objection after the basis is provided to preserve appellate review of that challenge? i