No. 20-6445

Cristofer Jose Gallegos-Espinal v. United States

Lower Court: Fifth Circuit
Docketed: 2020-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment cell-phone cell-phone-search consent consent-form forensic-search fourth-amendment government-surveillance perpetuity riley-precedent riley-v-california
Key Terms:
Privacy
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Whether verbal consent to 'look through' a cell phone, followed by written consent on an outmoded pre-Riley consent form, permits the government to perform a forensic search of the cell phone and maintain the data in perpetuity, after the cell phone has been returned to its owner?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether verbal consent to “look through” a cell phone, followed by written consent on an outmoded pre-Riley consent form, permits the government to perform a forensic search of the cell phone and maintain the data in perpetuity, after the cell phone has been returned to its owner? 4

Docket Entries

2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-21
Waiver of right of respondent United States to respond filed.
2020-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 28, 2020)

Attorneys

Cristofer Jose Gallegos-Espinal
Richard B. KunianskyLaw Offices of Richard Kuniansky, Petitioner
Richard B. KunianskyLaw Offices of Richard Kuniansky, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent