No. 21-6370

Omil Cotto, aka Omil Gomez, aka Omil Alfredo Gomez v. United States

Lower Court: Tenth Circuit
Docketed: 2021-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment cell-phone-seizure cellphones criminal-procedure fourth-amendment overbreadth probable-cause road-rage search-and-seizure search-warrant warrant warrant-overbreadth
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Whether the search warrant was constitutionally overbroad in authorizing the seizure of 'any cellphones' in the house when officers had no reason to believe that cellphones were used during the road rage incident and when the warrant affidavit made no mention of cellphones

Question Presented (OCR Extract)

QUESTION PRESENTED This case emerged out of a road rage incident during which shots were fired. The suspect, Omil Cotto, fled the scene in a red Camaro. Officers executed a search warrant on a residence (the Apodaca Street house) based on the fact that a red Camato was patked in front of the house and Mr. Cotto was arrested there while he was a passenger in another vehicle. The search warrant authorized officers to search for two classes of items: firearms and cell phones. Mr. Cotto did not live in the Apodaca Street house. Was the warrant constitutionally overbroad in authorizing the seizure of “any cellphones” in the house when officers no had reason to believe that cellphones were used during the road rage incident and when the warrant affidavit made no mention of cellphones? i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Waiver of right of respondent United States to respond filed.
2021-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2021)

Attorneys

Omil Cotto
Meredith EsserOffice of the Federal Public Defender, Petitioner
Meredith EsserOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent