No. 22-236

Jake J. McGovern v. Nebraska

Lower Court: Nebraska
Docketed: 2022-09-13
Status: Denied
Type: Paid
Response Waived
Tags: cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception overbroad probable-cause search-and-seizure warrant-scope
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2022-11-04
Question Presented (AI Summary)

Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition to the evidence for which there is probable cause?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition to the evidence for which there is probable cause? 2. Does the good faith exception to the exclusionary rule invariably salvage the search of a cell phone that is conducted pursuant to a warrant that is supported by probable cause? ii LIST OF PROCEEDINGS Nebraska Supreme Court No. $-21-144 State of Nebraska, Appellant and Cross-Appellee, v. Jake J. McGovern, Appellee and Cross-Appellant. Date of Final Opinion: June 10, 2022 Hall County Court, Nebraska State of Nebraska v. Jake J. McGovern, Case No. CR 19-252 Judgment and Conviction Date: December 14, 2020 Sentencing Date: February 17, 2021

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-10-13
Waiver of right of respondent Nebraska to respond filed.
2022-09-08
Petition for a writ of certiorari filed. (Response due October 13, 2022)

Attorneys

Jake J. McGovern
Andy SimrinAndy Simrin PC, Petitioner
Andy SimrinAndy Simrin PC, Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent
James A. CampbellNebraska Attorney General's Office, Respondent