No. 19-1374

Arturo Fernando Shaw Gutierrez v. California

Lower Court: California
Docketed: 2020-06-15
Status: Denied
Type: Paid
Relisted (3)
Tags: electronic-communications electronic-privacy exceptions-to-warrantless-searches fourth-amendment fourth-amendment-protection-electronic-communicati law-enforcement-search miller-doctrine privacy-rights reasonable-expectation-of-privacy stored-communications-act suppression warrant-requirement warrantless-searches
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04 (distributed 3 times)
Question Presented (AI Summary)

Does the Fourth Amendment protect individuals who send or receive stored electronic communications (emails) as provided under federal law through the Stored Communications Act, 18 U.S.C. § 2701, et seq.?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does the Fourth Amendment protect individuals who. send or receive stored electronic communications (emails) as provided under federal law through the Stored Communications Act, 18 U.S.C. § 2701, et seq.? “ Was the sender’s Fourth Amendment right violated when law enforcement warrantlessly viewed the sender’s private electronic communications (emails), while stored in the recipient’s account on a commercial internet service provider’s servers, without consent from either the sender or recipient, in violation of federal law? 1 STATE COURT PROCEEDINGS People of the State of California v. Arturo Fernando . Shaw Gutierrez, No. 183CF2368, Superior Court of Orange County California. Judgment entered Dec. 29, 2014 and Jan. 5, 2015. People of the State of California v. Arturo Fernando Shaw Gutierrez, No. G052552, California Court of Appeals, District Four Division Three. Judgment entered Jan. 9, 2018. People of the State of California v. Arturo Fernando Shaw Gutierrez, No. $247111, California Supreme Court. Review denied Apr. 25, 2018. . In re Arturo Fernando Shaw Gutierrez, No. M-17501XA, Superior Court of Orange County California. Denied June 14, 2018. Arturo Fernando Shaw Gutierrez on Discipline, No. 12-C-17847, State Bar Court of California. Judgment entered Jan. 3, 2019. In re Arturo Fernando Shaw Gutierrez on Discipline, No. 8254277, California Supreme Court. Judgment entered Apr. 24, 2019. : In re Arturo Fernando Shaw Gutierrez, No. G056821, California Court of Appeals, District Four Division Three. Denied June 13, 2019. : In re Arturo Fernando Shaw Gutierrez, No. 8257074, California Supreme Court; Petition for the Writ of Habeas Corpus and the Motion to Order the Court of Appeals to Recall the Remittitur and Reassert Appellate Jurisdiction for a Rehearing. Discretionary ; review denied Feb. 11, 2020. ii

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-10-26
2020-10-05
Petition DENIED.
2020-07-29
DISTRIBUTED for Conference of 9/29/2020.
2020-06-15
Motion (19M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2020-05-26
MOTION (19M141) DISTRIBUTED for Conference of 6/11/2020.
2020-04-28
Motion (19M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2020-04-28
Petition for a writ of certiorari filed. (Response due July 15, 2020)

Attorneys

Arturo Fernando Shaw Gutierrez
Arturo Fernando Shaw Gutierrez III — Petitioner
Arturo Fernando Shaw Gutierrez III — Petitioner