No. 18-8388

Brian Wright v. United States

Lower Court: Ninth Circuit
Docketed: 2019-03-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone-tracking due-process fourth-amendment overbreadth search-and-seizure sentencing supervised-release tapia-error vagueness warrantless-search
Key Terms:
DueProcess FourthAmendment CriminalProcedure Privacy
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Did the Ninth Circuit err by finding that there was no 'egregious violation' of Mr. Wright's Fourth Amendment rights when Mr. Wright's cellular phone was subjected to warrantless tracking for twenty-four (24)-hours a day, for over twenty-one (21) days in time?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Ninth Circuit err by finding that there was no “egregious violation” of Mr. Wright’s Fourth Amendment rights when Mr. Wright’s cellular phone, without a related supervised release condition, was subjected to warrantless tracking for twenty-four (24)-hours a day, for over twenty-one (21) days in time? 2. Did the Ninth Circuit err by finding that Mr. Wright’s supervised release conditions as to criminal activity and associating with persons “engaged in criminal activity” were not unconstitutionally vague or overbroad, or denied Mr. Wright his Constitutional due process? 3. Did the Ninth Circuit err by finding there was not a Tapia error in the district court sentencing Mr. Wright to three (3) years of supervised release in large part for a need for rehabilitation? i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States of America to respond filed.
2019-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 11, 2019)

Attorneys

Brian Wright
Angela Helen DowsCory Reade Dows & Shafer, Petitioner
Angela Helen DowsCory Reade Dows & Shafer, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent