No. 22-207

Volodymyr Kvashuk v. United States

Lower Court: Ninth Circuit
Docketed: 2022-09-08
Status: Denied
Type: Paid
Response Waived
Tags: and injection of vague 'cybercrime' concepts automatic justification of law enforcement invasi cybercrime electronic-devices electronic-search fourth-amendment home-invasion home-search law-enforcement nexus nexus-analysis search-and-seizure unfounded-presumptions
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-10-07
Question Presented (AI Summary)

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 (OCR Extract)

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)

Docket Entries

2022-10-11
Petition DENIED.
2022-09-21
DISTRIBUTED for Conference of 10/7/2022.
2022-09-15
Waiver of right of respondent United States of America to respond filed.
2022-07-29
Petition for a writ of certiorari filed. (Response due October 11, 2022)

Attorneys

United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Volodymyr Kvashuk
Joshua Sabert LowtherLowther and Walker LLC, Petitioner
Joshua Sabert LowtherLowther and Walker LLC, Petitioner