No. 23-5477

James Thomas Butler, II v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consent consent-search digital-evidence due-process forensic-extraction fourth-amendment law-enforcement-procedure search-and-seizure smartphone smartphone-privacy
Key Terms:
FourthAmendment Privacy
Latest Conference: 2023-10-06
Question Presented (AI Summary)

Does consent to 'take a look' at a smartphone extend to a full forensic extraction?

Question Presented (OCR Extract)

QUESTION PRESENTED L Under the Fourth Amendment, does consent to “take a look” at a suspect’s smartphone outside of his residence at a table twenty feet away extend to a full forensic logical and physical off-site extraction of the contents of the phone almost five months later at an FBI field office? 1

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-08
Waiver of right of respondent United States to respond filed.
2023-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2023)

Attorneys

James Thomas Butler II
Valarie LinnenAttorney at Law, Petitioner
Valarie LinnenAttorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent