No. 21-6788

Bernard Lindsey v. United States

Lower Court: First Circuit
Docketed: 2022-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the mere presence of two cell phones in the petitioner's home provided sufficient grounds to search their entire contents

Question Presented (from Petition)

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

Docket Entries

2022-02-22
Petition DENIED.
2022-01-20
DISTRIBUTED for Conference of 2/18/2022.
2022-01-14
Waiver of right of respondent United States to respond filed.
2022-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent