No. 22-6580

Daniel J. Campbell v. Ohio

Lower Court: Ohio
Docketed: 2023-01-19
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: 4th-amendment cell-phone digital-devices digital-privacy fourth-amendment probation probation-search reasonable-suspicion search search-conditions state-supervision
Key Terms:
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2023-06-22 (distributed 2 times)
Question Presented (AI Summary)

Is a search reasonable under the 4th Amendment when a probation officer lacks required reasonable suspicion and violates state law to search a probationer's cell phone?

Question Presented (OCR Extract)

Questions Presented 1. Isa search reasonable under the 4° Amendment when a probation officer who lacks required reasonable suspicion and is in violation of Ohio Revised Code R.C. 2951.02(A) subjects a probationer to a search of his cell phone and other digital devices, which are not subject to his specific search conditions? 2. Does the word “property” in a probationer’s Terms and Conditions of Community Control encompass a cell phone when the conditions include an “Electronics Search Condition” that the probationer was not subject to? 3. Two Fourth Amendment doctrinal frameworks govern the relationship between state actors and individuals subject to state supervision following release from prison. One arises from the Supreme Court's decision in Griffin v. Wisconsin and the other from the Court's decision in United States v. Knights. Can a state court determine the reasonableness of a search without first testing it by either of these two frameworks?

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-05-15
Brief of respondent Ohio in opposition filed.
2023-04-11
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
2023-04-10
Motion to extend the time to file a response from April 14, 2023 to May 15, 2023, submitted to The Clerk.
2023-03-15
Response Requested. (Due April 14, 2023)
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2022-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Daniel Campbell
Daniel J. Campbell — Petitioner
Daniel J. Campbell — Petitioner
Ohio
Christopher Alan ReamerFairfield County Prosecutor's Office, Respondent
Christopher Alan ReamerFairfield County Prosecutor's Office, Respondent