No. 19-1221

Derrick Lucius Williams, Jr. v. United States

Lower Court: Tenth Circuit
Docketed: 2020-04-16
Status: Denied
Type: Paid
Experienced Counsel
Tags: border-search circuit-split customs digital-device forensic-search fourth-amendment reasonable-suspicion warrant-exception
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether government agents need reasonable suspicion to conduct a warrantless forensic search of a digital device at the border

Question Presented (OCR Extract)

QUESTION PRESENTED When Petitioner Derrick Williams arrived from Europe at Denver International Airport, government agents seized his laptop, used forensic software to break the password and copy its data bit-for-bit, and then searched the files. The agents had neither a warrant nor suspicion that Mr. Williams was inadmissible, smuggling contraband, or evading customs duties. The question presented is: To conduct a warrantless forensic search of a digital device at the border, do government agents need reasonable suspicion that the device contains digital contraband (as the Ninth Circuit requires), reasonable suspicion that the device contains evidence of a particular crime with a nexus to the purposes of the border search exception to the warrant requirement (as the Fourth Circuit requires), reasonable suspicion of any kind of criminal activity (which suffices in the Tenth Circuit), or no suspicion whatsoever (as the Eleventh Circuit permits)?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-08
Supplemental brief of petitioner Derrick Lucius Williams, Jr. filed. (Distributed)
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-07-07
Reply of petitioner Derrick Lucius Williams, Jr. filed. (Distributed)
2020-06-19
Brief of respondent United States of America in opposition filed.
2020-06-11
Motion to extend the time to file a response is granted and the time is further extended to and including June 19, 2020.
2020-06-10
Motion to extend the time to file a response from June 17, 2020 to June 19, 2020, submitted to The Clerk.
2020-05-11
Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2020.
2020-05-08
Motion to extend the time to file a response from May 18, 2020 to June 17, 2020, submitted to The Clerk.
2020-04-13
Petition for a writ of certiorari filed. (Response due May 18, 2020)
2020-01-31
Application (19A863) granted by Justice Sotomayor extending the time to file until April 13, 2020.
2020-01-29
Application (19A863) to extend the time to file a petition for a writ of certiorari from February 12, 2020 to April 12, 2020, submitted to Justice Sotomayor.

Attorneys

Derrick Lucius Williams, Jr.
Shay DvoretzkyJones Day, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent