No. 23-7385

Jacob Paul Bermel v. United States

Lower Court: Eighth Circuit
Docketed: 2024-05-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: consent electronic-device failure-to-object fourth-amendment implied-consent minor-consent search search-and-seizure warrantless-search
Key Terms:
FourthAmendment Privacy
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Mr. Bermel’s minor child found a small camera in her bathroom. She had no knowledge of the camera and had never used it before. The child removed the camera and her mother, who lived in a different residence, contacted law enforcement. Law enforcement came to the mother’s house and seized the camera. Law enforcement did not ask the child or the mother for permission to search the camera. Law enforcement conducted several searches of the camera and enclosed SD card, all without a warrant. Mr. Bermel’s case presents two questions for this Court: L. Whether the failure to object to law enforcement search establishes implied consent to search for purposes of the Fourth Amendment? I. Whether a minor child has apparent authority to consent to a search of their parent’s electronic device if the child has apparent authority to consent to a search of the room the device is found in? i

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-14
Waiver of right of respondent United States to respond filed.
2024-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2024)

Attorneys

Jacob Paul Bermel
Heather Rae QuickFederal Public Defender Office - Iowa, Petitioner
Heather Rae QuickFederal Public Defender Office - Iowa, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent