No. 23-1355

Kris V. Zocco v. Wisconsin

Lower Court: Wisconsin
Docketed: 2024-06-28
Status: Denied
Type: Paid
Response Waived
Tags: cell-phone-search criminal-procedure enumerated-crimes evidence evidence-seizure fourth-amendment particularity-requirement search-and-seizure search-warrant
Key Terms:
FourthAmendment DueProcess CriminalProcedure HabeasCorpus Privacy
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does a warrant to search the entire contents of a cell phone for unspecified 'evidence' of enumerated crimes violate the Fourth Amendment's requirement that warrants 'particularly describ[e] the place to be searched, and the persons or things to be seized?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The Fourth Amendment requires that a search warrant describe the things to be searched and seized with sufficient particularity to prevent a “general, exploratory rummaging in a person’s belongings.” Coolidge v. New Hampshire, 403 U.S. 443, 467 (197), different holding overruled in part on other grounds, Horton v. California, 496 U.S. 128 (1990). Does a warrant to search the entire contents of a cell phone for unspecified “evidence” of enumerated crimes violate the Fourth Amendment’s requirement that warrants “particularly describ[e] the place to be searched, and the persons or things to be seized?” u PARTIES IN COURT BELOW Other than the present Petitioner and Respondent, there were no other parties in the Wisconsin Supreme Court and Wisconsin Court of Appeals. PRIOR PROCEEDINGS RELEVANT TO ISSUE PRESENTED 1. Pretrial and trial proceedings. Milwaukee County Circuit Court, State of Wisconsin v. Kris V. Zocco, Milwaukee County Case No. 2017CF2151. Amended Judgment entered March 27, 2019. 2. Post-conviction proceedings. Milwaukee County Circuit Court, State of Wisconsin v. Kris V. Zocco, Milwaukee County Case No. 2017CF 2151. Order entered July 28, 2021. 3. Appeal to Wisconsin Court of Appeals, State of Wisconsin v. Kris V. Zocco, Appeal No. 2021AP1412-CR. Decision entered October 31, 2028. 4. Petition for Review to Wisconsin Supreme Court, State of Wisconsin v. Kris V. Zocco, Appeal No. 2021AP1412CR. Review Denied April 16, 2024.

Docket Entries

2024-10-07
Petition DENIED.
2024-08-14
DISTRIBUTED for Conference of 9/30/2024.
2024-07-22
Waiver of right of respondent Wisconsin to respond filed.
2024-06-26
Petition for a writ of certiorari filed. (Response due July 29, 2024)

Attorneys

Kris V. Zocco
Robert R. HenakHenak Law Office, S.C., Petitioner
Robert R. HenakHenak Law Office, S.C., Petitioner
Wisconsin
John W. KellisWisconsin Department of Justice, Respondent
John W. KellisWisconsin Department of Justice, Respondent