Bernard Lindsey v. United States
FourthAmendment DueProcess CriminalProcedure Privacy
Whether the mere presence of two cell phones in the petitioner's home provided sufficient grounds to search their entire contents
QUESTIONS PRESENTED FOR REVIEW 1. Whether the mere presence of two cell phones in the petitioner Bernard Lindsey’s home provided sufficient grounds, under the Fourth Amendment, to search the entire contents of each phone, when the warrant application established probable cause to believe only that the petitioner was engaged in selling drugs but was devoid of any specific evidence that he used any phone to transact any suspected drug deal. 2. Whether this Court should resolve a split among the circuits as to whether a defendant’s failure in the lower court to precisely articulate an argument in support of a motion to suppress — here, Mr. Lindsey’s argument that the search warrant lacked sufficient particularity — renders the argument unreviewable on appeal, even for plain error. ii