No. 20-8321

William Mixton v. Arizona

Lower Court: Arizona
Docketed: 2021-06-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: administrative-subpoena carpenter-exception carpenter-v-united-states fourth-amendment katz-standard katz-v-united-states positive-law-model privacy-expectation reasonable-expectation-of-privacy third-party-doctrine
Key Terms:
FourthAmendment DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Should the third-party doctrine be overruled as inconsistent with Katz v. United States?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Police identified William Mixton as the user of an instant-messaging account through the issuance of two administrative subpoenas, both of which involved searches of private information without judicial approval. A slender majority of the Arizona Supreme Court affirmed, determining that the exception to the third-party doctrine in Carpenter v. United States, 1388. Ct. 2206 (2018), was limited to cell site location information and did not create a reasonable expectation of privacy in his IP address or subscriber information. The questions presented are: Should this Court overrule the third-party doctrine as stated in Miller and Smith as being inconsistent with a reasonable expectation of privacy under Katz v. United States, 389 U.S. 347 (1967)? Alternatively, should this Court find that the third-party doctrine is inconsistent with the Fourth Amendment and adopt the Positive Law Model as described in Justice Gorsuch’s dissenting opinion in Carpenter? 1

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-29
Waiver of right of respondent Arizona to respond filed.
2021-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)

Attorneys

Arizona
Linley Sarah WilsonOffice of the Arizona Attorney General, Respondent
Linley Sarah WilsonOffice of the Arizona Attorney General, Respondent
William Mixton
David Joseph EuchnerPima County Public Defender's Office, Petitioner
David Joseph EuchnerPima County Public Defender's Office, Petitioner