Rashawn Tyriq Perkins v. United States
FourthAmendment CriminalProcedure Privacy
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
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.