No. 20-6265

Alfredo Aguilar Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 4th-amendment border-search cell-phone cell-phone-privacy forensic-examination fourth-amendment privacy riley-precedent riley-v-california warrant warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether a warrantless forensic search of a cell phone at a border port of entry is an unreasonable search

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a warrantless forensic search of a cell phone at a border port of entry is an unreasonable search. 2. Whether, in the light of the privacy interests identified in Riley v. California, 573 U.S. 378 (2014) and Riley's statement that a warrant is generally required before a cell phone is searched it was unreasonable to believe that an warrantless forensic search of a cell phone was permitted.

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Waiver of right of respondent United States to respond filed.
2020-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2020)

Attorneys

Alfredo Aguilar Jr.
Philip J. LynchLaw Offices of Phil Lynch, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent