No. 19-1327

Kris V. Zocco v. Wisconsin

Lower Court: Wisconsin
Docketed: 2020-06-01
Status: Denied
Type: Paid
Response Waived
Tags: cell-phone-search cell-phone-searches cell-phones evidence evidence-search fourth-amendment general-warrant general-warrants particularity-requirement personal-computers probable-cause search-and-seizure warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2020-10-05
Petition DENIED.
2020-07-08
DISTRIBUTED for Conference of 9/29/2020.
2020-06-26
Waiver of right of respondent State of Wisconsin to respond filed.
2020-05-19
Petition for a writ of certiorari filed. (Response due July 1, 2020)

Attorneys

Kris Zocco
Robert R. HenakHenak Law Office, S.C., Petitioner
State of Wisconsin
Hannah Schieber JurssWisconsin Department of Justice, Respondent