FourthAmendment CriminalProcedure HabeasCorpus Privacy
Is the Fourth Amendment's ban on general warrants violated by a warrant broadly authorizing search of the 'contents' of a cell phone for unspecified 'evidence' of a particular crime where neither the warrant nor the supporting affidavit identifies any particular evidence to be sought or any nonconclusory explanation for why any such evidence is thought to either exist on the phone or be evidence of the offenses identified in the warrant?
QUESTIONS PRESENTED FOR REVIEW In Riley v. California, 573 U.S. 373 (2014), this Court held that, because “[c]ell phones . .. place vast quantities of personal information literally in the hands of individuals,” id. at 386, police may not search the contents of such phones incident to arrest without a warrant or a “case-specific exception[]” to the warrant requirement, id. at 401-02. Is the Fourth Amendment's ban on general warrants violated by a warrant broadly authorizing search of the “contents” of a cell phone for unspecified “evidence” of a particular crime where neither the warrant nor the supporting affidavit identifies any particular evidence to be sought or any nonconclusory explanation for why any such evidence is thought to either exist on the phone or be evidence of the offenses identified in the warrant? PARTIES IN COURT BELOW Other than the present Petitioner and Respondent, there were no other parties in the Wisconsin Supreme Court and Wisconsin Court of Appeals. PRIOR PROCEEDINGS RELEVANT TO ISSUE PRESENTED 1. Pretrial and trial proceedings. Milwaukee County Circuit Court, State of Wisconsin v. Kris V. Zocco, Milwaukee County Case Nos. 2013CF4702 & 2013CF4798. Judgment entered February 3, 2015. 2. Post-conviction proceedings. Milwaukee County Circuit Court, State of Wisconsin v. Kris V. Zocco, Milwaukee County Case Nos. 2013CF4702 & 2013CF4798. Order entered June 1, 2018. 3. Appeal to Wisconsin Court of Appeals, State of Wisconsin v. Kris V. Zocco, Appeal Nos. 2018AP1145-CR & 2018AP1146-CR. Decision entered August 27, 2019. 4. Petition for Review to Wisconsin Supreme Court, State of Wisconsin v. Kris V. Zocco, Appeal Nos. 2018AP1145-CR & 2018AP1146-CR. Review Denied January 14, 2020. ii