No. 24-6295

Rashawn Tyriq Perkins v. United States

Lower Court: Fourth Circuit
Docketed: 2025-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone fourth-amendment location-data particularity-requirement reasonable-reliance search-warrant
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the court of appeals correctly determined that a search warrant for collection of real time location data from Petitioner's cell device over a period of thirty days did not violate the particularity requirements of the Fourth Amendment and was not so facially deficient as to prevent an objective law enforcement officer's reasonable reliance upon its validity

Question Presented (OCR Extract)

Petitioner was arrested by law enforcement officers based upon real time location data collected from his cell phone or other device through his social media account provider. This data was seized pursuant to a search warrant that authorized collection over a thirty day period. The warrant did not describe a nexus between the location data expected to be seized and criminal activity or evidence of crime. The officer that made application for the search warrant ex ecuted it. The questions presented are: 1. Whether the court of appeals correctly determined that a search warrant for collection of real time location data from Petitioner’s cell device over a period of thirty days did not violate the particularity requirements of the Fourth Amendment. 2. Whether the court of appeals correctly determined that the search warrant for seizure of real time location data from Petitioner’s cell device over a thirty day period was not so facially deficient as to prevent an objective law enforcement officer’s reaso nable reliance upon its validity to search pursuant to the Fourth Amendment.

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Waiver of United States of right to respond submitted.
2025-01-22
Waiver of right of respondent United States to respond filed.
2025-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2025)

Attorneys

Rashawn Perkins
Mark Howard Bodner — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent