No. 23-5827

Keiron K. Sneed v. Illinois

Lower Court: Illinois
Docketed: 2023-10-17
Status: Denied
Type: IFP
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP
Tags: contents-of-mind digital-privacy fifth-amendment fisher-v-united-states foregone-conclusion passcode passcode-compulsion search-warrant self-incrimination
Key Terms:
FifthAmendment FourthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (AI Summary)

Can the foregone conclusion rationale be used to compel an individual to enter a passcode into a personally held cellular phone?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner Keiron Sneed was charged with forgery related to the mobile deposit of two checks from a Dairy Queen at which his wife was employed. Police seized cellular phones from Mr. Sneed and his wife, and obtained a search warrant for the phones. The phones were passcode protected, and the State filed a motion seeking to compel Mr. Sneed to produce the passcode for the phone seized from him by providing it or entering it into the phone. Mr. Sneed argued that such compelled production would violate his right against self-incrimination enshrined in the Fifth Amendment, and the trial court denied the State’s motion. On appeal by the State, the Fourth District of the Illinois Appellate Court reversed the trial court’s decision. Mr. Sneed then appealed, and the Illinois Supreme Court affirmed the appellate court’s reversal. It held that the Fifth Amendment did not prevent Mr. Sneed from being compelled to enter the passcode into the seized phone, where the State met the requirements of the “foregone conclusion doctrine” by demonstrating its knowledge of the passcode. The questions presented are: 1. Can the forgone conclusion rationale, described in Fisher v. United States, 425 U.S. 391 (1976), be used as an exception to the Fifth Amendment right against self-incrimination, and permit the State to compel an individual to truthfully rely on the contents of his mind to enter a passcode into a personally held cellular phone or similar digital device? 2. Ifso, is the State required to show knowledge of the contents of the device inorder to apply the rationale, or is a foregone conclusion analysis satisfied by a showing that the State has knowledge of only the passcode? i

Docket Entries

2024-02-26
Petition DENIED.
2024-02-08
DISTRIBUTED for Conference of 2/23/2024.
2024-02-05
Reply of petitioner Keiron Sneed filed. (Distributed)
2024-01-22
Brief of respondent Illinois in opposition filed.
2023-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including January 22, 2024.
2023-12-12
Motion to extend the time to file a response from December 22, 2023 to January 22, 2024, submitted to The Clerk.
2023-11-16
2023-11-13
Motion to extend the time to file a response is granted and the time is extended to and including December 22, 2023.
2023-11-09
Motion to extend the time to file a response from November 22, 2023 to December 22, 2023, submitted to The Clerk.
2023-10-23
Response Requested. (Due November 22, 2023)
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-18
Waiver of right of respondent Illinois to respond filed.
2023-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2023)
2023-08-22
Application (23A157) granted by Justice Barrett extending the time to file until October 13, 2023.
2023-08-15
Application (23A157) to extend the time to file a petition for a writ of certiorari from September 13, 2023 to October 13, 2023, submitted to Justice Barrett.

Attorneys

Electronic Frontier Foundation
Andrew Gellis CrockerElectronic Frontier Foundation, Amicus
Illinois
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Respondent
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent
Keiron Sneed
Joshua Lee ScanlonOffice of the State Appellate Defender, Petitioner
Catherine Kendall HartOffice State Appellate Defender, Fourth District, Petitioner