No. 20-5290

Eric J. Perez, aka Ignacio Valdez v. United States

Lower Court: Ninth Circuit
Docketed: 2020-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment electronic-communications fourth-amendment government-agency law-enforcement seizures stored-communications-act warrant-requirement warrantless-search warrantless-searches
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether subsection (f) of the Stored Communications Act is unconstitutional

Question Presented (OCR Extract)

QUESTION PRESENTED Whether subsection (f) of the Stored Communications Act, 18 U.S.C. § 2703, which requires provider of wire or electronic communications to preserve user account information upon the request of a government agency pending the issuance of a warrant or other court process, is unconstitutional on its face because it allows law enforcement to conduct warrantless searches and seizures in the absence of any recognized exception to the warrant requirement of the Fourth Amendment. i

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-10
Waiver of right of respondent United States to respond filed.
2020-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 8, 2020)

Attorneys

ERIC PEREZ
Richard D. WallRichard D. Wall, P.S., Petitioner
UNITED STATES OF AMERICA
Jeffrey B. WallActing Solicitor General, Respondent