No. 20-6343

Ashley Fernandes v. Massachusetts

Lower Court: Massachusetts
Docketed: 2020-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment criminal-procedure digital-devices digital-search-warrant electronic-evidence evidence fourth-amendment general-warrants probable-cause search-and-seizure search-warrant
Latest Conference: 2021-01-08
Question Presented (from Petition)

May a search warrant authorize an unlimited search of all of a
suspect's digital devices based on an affidavit describing the type of crime
being investigated but omitting any cause to believe that evidence of the
crime may be found on the devices?

Question Presented (AI Summary)

Whether a search warrant can authorize an unlimited search of all of a suspect's digital devices based on an affidavit describing the type of crime being investigated but omitting any cause to believe that evidence of the crime may be found on the devices

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Waiver of right of respondent Commonwealth of Massachusetts to respond filed.
2020-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2020)

Attorneys

Ashley Fernandes
Leslie W. O'BrienLaw Office of Leslie O'Brien, Petitioner
Commonwealth of Massachusetts
Thomas Edward BocianOffice of the Massachusetts Attorney General, Respondent