No. 21-5670

Elijah Vines v. United States

Lower Court: Seventh Circuit
Docketed: 2021-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone-seizure circuit-split expectation-of-privacy fourth-circuit law-enforcement password-protected password-protection privacy-expectation tenth-circuit third-party-consent
Key Terms:
Privacy
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether a third-party possesses authority to consent to the seizure of another's cell phone when that phone is password-protected, the owner has denied the password to that third-party, and law enforcement knows of that denial at the time of the seizure

Question Presented (OCR Extract)

question presented for review is: WHETHER A THIRD PARTY POSSESSES AUTHORITY TO CONSENT TO THE SEIZURE OF ANOTHER’S CELL PHONE WHEN THAT PHONE IS PASSWORD PROTECTED, THE OWNER OF THAT PHONE HAS DENIED THE PASSWORD INFORMATION TO THAT THIRD PARTY, AND LAW ENFORCEMENT KNOWS OF THAT DENIAL AT THE TIME OF THE SEIZURE. 3 II. The Seventh Circuit has indicated in its recent Decision in this matter that an expert on sex trafficking, Special Agent James Hardie, would testify that victims of such trafficking often initially lie to law enforcement. The Seventh Circuit had indicated that this expert could testify as to the credibility of victims of sex trafficking. The Seventh Circuit had indicated that his testimony that victims would often be unwilling to disclose all details from the start. True, the Seventh Circuit had indicated that the trial court had not allowed Hardie to testify as to the specific victim involved in this matte

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-17
Waiver of right of respondent United States of America to respond filed.
2021-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2021)

Attorneys

Elijah Vines
Mark Siddhartha RosenRosen and Holzman, Ltd., Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent