No. 19-6816

Michael J. Warner, II v. Maine

Lower Court: Maine
Docketed: 2019-12-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit burglary cell-phone-data criminal-evidence nexus nexus-requirement probable-cause search-warrant
Latest Conference: 2020-02-21
Question Presented (from Petition)

Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect's cell phone data contain evidence of that crime nor an affiant's statement of belief or experience that the cell phone data of burglars typically contain such evidence can establish a nexus between the data and the suspected crime sufficient to generate probable cause to search that data.

Question Presented (AI Summary)

Whether an affidavit in support of a search warrant that contains neither specific allegations that a burglary suspect's cell phone data contain evidence of that crime nor an affiant's statement of belief or experience that the cell phone data of burglars typically contain such evidence can establish a nexus between the data and the suspected crime sufficient to generate probable cause to search that data

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-12-26
Waiver of right of respondent State of Maine to respond filed.
2019-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Michael J. Warner II
Rory Abbott McNamaraDrake Law, LLC, Petitioner
State of Maine
Donald William MacomberMaine Department of Atty. Gen., Respondent