Volodymyr Kvashuk v. United States
FourthAmendment CriminalProcedure Privacy
Whether the Ninth Circuit's analytical approach in weighing 'the nature of cybercrime' into its assessment of nexus to search one's home violates the Fourth Amendment
QUESTION PRESENTED Whether the Ninth Circuit’s analytical approach in weighing “the nature of cybercrime” into its assessment of nexus to search one’s home violates the Fourth Amendment due to (1) its generalized, universal treatment of all electronic devices, regardless of their mobility and/or connection to one’s house; (2) its automatic justification of law enforcement’s invasion of one’s home based on unfounded presumptions; and, (8) its injection of the vague, troublesome concept of “cybercrime” into the nexus analysis, which prejudices the public at large with ambiguities in law and discourages the public’s technology use? ii LIST OF PROCEEDINGS United States Court of Appeals for the Ninth Circuit No. 20-30251 United States of America, Plaintiff-Appellee, v. Volodymyr Kvashuk, Date of Final Opinion: March 28, 2022 Date of Rehearing Denial: May 4, 2022 United States District Court for the Western District of Washington Case No. 2:19CR00143JLR-001 United States of America, v. Volodymyr Kvashuk Date of Final Judgment: November 9, 2020 (Note: an additional order relating to the transfer of seized funds was entered on June 14, 2021)