No. 21-5379

Jerome Mack v. New York

Lower Court: New York
Docketed: 2021-08-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: carpenter-precedent carpenter-v-united-states cell-site-location-information fourth-amendment probable-cause suppression warrant warrantless-search
Latest Conference: 2021-09-27
Question Presented (from Petition)

Does expressing a finding of probable cause in a court order authorizing the acquisition of cell site information effectively make the court order a warrant, for the purposes of Carpenter v. United States, 138 S.Ct. 2206 (2018)?

Should the cell site location information obtained from warrantless search gathered through a wireless company have been suppressed; and is Carpenter binding on cases that were not final at the time of the Supreme Court's ruling?

Question Presented (AI Summary)

Does expressing a finding of probable cause in a court order authorizing the acquisition of cell site information effectively make the court order a warrant, for the purposes of Carpenter v. United States, 138 S.Ct. 2206 (2018)?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-18
Waiver of right of respondent New York to respond filed.
2020-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2021)

Attorneys

Jerome Mack
Jerome Mack — Petitioner
New York
Andrew R. KassOrange County Distr. Atty Off, Respondent