No. 21-752

Rex Hammond v. United States

Lower Court: Seventh Circuit
Docketed: 2021-11-19
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: 4th-amendment carpenter-v-united-states cell-site-location-information exclusionary-rule fourth-amendment good-faith-exception real-time-tracking search warrant-requirement wireless-carrier
Key Terms:
AdministrativeLaw FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-04-22
Question Presented (AI Summary)

Whether a government agent's direction to a wireless carrier to send a signal to a person's phone, so that the phone reveals the person's precise location and movements in real time is a search within the meaning of the Fourth Amendment

Question Presented (OCR Extract)

question presented here: Whether a government agent’s direction to a wireless carrier to send a signal to a person’s phone, so that the phone reveals the person’s precise location and movements in real time is a search within the meaning of the Fourth Amendment. 2. In Illinois v. Krull, 480 U.S. 340 (1987), the Court held that the good faith exception to the exclusionary rule prevents exclusion when officers have acted “in objectively reasonable reliance on a statute” that was subsequently found unconstitutional. Id. at 349. But the Court “decline[d] the State’s invitation to recognize an exception for an officer who erroneously, but in good faith, believes he is acting within the scope of a statute.” Id. at 360 n.17. The question reserved in Krull—over which lower courts again are divided—is the second question presented here: Whether a government agent’s good faith but objectively incorrect reading of a statute prevents the exclusion of constitutionally tainted evidence in a criminal trial.

Docket Entries

2022-04-25
Petition DENIED.
2022-04-06
DISTRIBUTED for Conference of 4/22/2022.
2022-04-05
Reply of petitioner Rex Hammond filed. (Distributed)
2022-03-21
Brief of respondent United States in opposition filed.
2022-02-14
Motion to extend the time to file a response is granted and the time is further extended to and including March 21, 2022.
2022-02-11
Motion to extend the time to file a response from February 18, 2022 to March 21, 2022, submitted to The Clerk.
2022-01-12
Motion to extend the time to file a response is granted and the time is further extended to and including February 18, 2022.
2022-01-11
Motion to extend the time to file a response from January 19, 2022 to February 18, 2022, submitted to The Clerk.
2021-12-20
Brief amici curiae of Rutherford Institute, et al. filed.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including January 19, 2022.
2021-12-15
Motion to extend the time to file a response from December 20, 2021 to January 19, 2022, submitted to The Clerk.
2021-11-17
Petition for a writ of certiorari filed. (Response due December 20, 2021)

Attorneys

Rex Hammond
Michael B. KimberlyMcDermott Will & Emery LLP, Petitioner
Rutherford Institute, et al.
Paul Joseph SampsonKirkland & Ellis LLP, Amicus
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent