No. 23-5412

Keith Allen Shrum v. United States

Lower Court: Eighth Circuit
Docketed: 2023-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process electronic-evidence evidence exigent-circumstances fourth-amendment fruit-of-the-poisonous-tree probable-cause search-and-seizure warrant warrant-specificity warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Whether the exigent circumstances exception saves a warrantless seizure of a defendant's phone

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the exigent circumstances exception saves a warrantless seizure of a defendant’s phone when law enforcement could have obtained a warrant and judges were available for such a purpose prior to contacting the defendant, had no reason to believe evidence would be destroyed but for law enforcement’s own action in confronting the defendant, allowed the defendant to manipulate and hold the phone unsupervised despite claiming a fear of imminent destruction of evidence, and thereafter held the property for three days without attempting to locate any evidence contained therein. 2. Whether a warrant which utilizes general language of “any and all other evidence related to a sexual abuse/exploitation investigation” is sufficiently particularized to allow seizure of electronics, or is instead an unconstitutional general warrant; whether law enforcement exceeded the scope of such a warrant when they seized electronics not described by the warrant; and whether the Leon exception may nevertheless apply to data upon electronic devices and save the otherwise defunct warrant when law enforcement subsequently utilized a warrant specific to the electronics and police policy and practice required a specific warrant for reviewing the contents of specific electronic devices.

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-07
Waiver of right of respondent United States to respond filed.
2023-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2023)

Attorneys

Keith Shrum
Andrea D. JaegerKeegan Tindal & Jaeger, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent