No. 22-6777

Fharis Denane Smith v. United States

Lower Court: Sixth Circuit
Docketed: 2023-02-14
Status: Denied
Type: IFP
IFP
Tags: cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Question Presented

Question Presented (from Petition)

Question Presented To search a target’s phone, does probable cause and good faith require a nexus between the target’s phone and the crime demonstrated by case-specific facts, or may the magistrate rely on mere police generalities about the role of phones in modern society and non-case-specific conclusions about criminal behavior? 1

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-04-26
Reply of petitioner Fharis Denane Smith filed.
2023-04-17
Brief of respondent United States in opposition filed.
2023-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 17, 2023.
2023-03-08
Motion to extend the time to file a response from March 16, 2023 to April 17, 2023, submitted to The Clerk.
2023-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 16, 2023)

Attorneys

Fharis Denane Smith
Gary Wayne CrimGary W. Crim, Attorney at Law, Petitioner
Gary Wayne CrimGary W. Crim, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent