No. 21-6827

Ryan Thomas Pick v. Virginia

Lower Court: Virginia
Docketed: 2022-01-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights criminal-procedure due-process eighth-amendment electronic-surveillance fifth-amendment fourth-amendment free-speech miranda-rights search-and-seizure sixth-amendment standing
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2022-03-04
Question Presented (AI Summary)

4th-amendment-rights,electronic-communication-privacy-act,5th-amendment-rights,6th-amendment-rights,8th-amendment-rights,sex-offender-registration

Question Presented (OCR Extract)

Questions Presented : 1. Are citizen’s Fourth Amendment rights impinged and Electronic Communication and Privacy Act statutes violated when police intercept private electronic communications sent by a suspect, while police are impersonating the intended recipient or are animating an imaginary person to be the intended recipient; or when police unmask the identity of an anonymous online user and geo-locate him; or when police misuse retention orders and search warrants to obtain content of private communications, all without obtaining proper interception authorizations? (18 U.S.C. §§ 2511, 2701, and 3121) 2. Are Fifth and Sixth Amendment rights violated when police drag a person out of his home in handcuffs while dressed in pajamas and without eye-glasses, place him in a guarded SWAT van, and then begin interrogation without issuing a Miranda warning? 3. When police impersonate someone else or animate an imaginary person to be the intended underage recipient of risqué communications sent by a suspect, does this violate the suspect’s Sixth Amendment right to confront the witnesses against him and his Eighth Amendment protection from excessive bail and punishment, considering he is subsequently charged with violent sex offense felonies for sending the messages, is denied bond, is sentenced to 5-30 : years per felony, and is required to register as a sex offender? (Va. Code §§ 17.1-805, 18.2-374.3, 19.2-120, and 9.1-902) ii . “II. List of Proceedings ¢ Hearing on Motion to Suppress Evidence. Motion denied. Circuit Court of Hanover County. CR18001081. Commonwealth of Virginia v. Ryan Thomas Pick. April 18, 2019. e Hearing on Defendant’s Motion to Suppress and Assistant Attorney General’s Motion in Limine. Motions denied. Circuit Court of Hanover County. CR18001081. Commonwealth of Virginia v. Ryan Thomas Pick. August 16, 2019. e Trial by Jury where Mr. Pick was found guilty. Circuit Court of Hanover County. CR18001081. Commonwealth of Virginia v. Ryan Thomas Pick. August 19, 2019. e Sentencing Hearing. Circuit Court of Hanover County, CR18001081. Commonwealth of Virginia v. Ryan Thomas Pick. November 22, 2019. iti MII.

Docket Entries

2022-03-07
Petition DENIED.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-02-09
Waiver of right of respondent Commonwealth of Virginia to respond filed.
2021-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2022)

Attorneys

Commonwealth of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Ryan T. Pick
Ryan Thomas Pick — Petitioner