No. 24-7430

Trenton Jared Powell v. United States

Lower Court: Ninth Circuit
Docketed: 2025-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cellphone-search criminal-procedure digital-privacy evidence-preservation fourth-amendment warrant-requirement
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Can the police hold a defendant's cellphone seized incident to his arrest until necessary forensic software is developed based upon evidence that the defendant, after his arrest, asked his family to delete its contents?

Question Presented (OCR Extract)

In Riley v. California, 573 U.S. 373 (2014) the Court held that police must get a warrant before searching a cellphone seized incident to an arrest. But the Court has not yet addressed whether the police can use a defendant’s attempts -post seizure of their cellphone — to protect their privacy-related concerns to justify a search warrant and hold that cellphone indefinitely while waiting for the development of new forensic software. The question presented is: Can the police hold a defendant’s cellphone seized incident to his arrest until necessary forensic software is developed based upon evidence that the defendant, after his arrest, asked his family to delete its contents? ii

Docket Entries

2025-10-06
Petition DENIED.
2025-07-24
DISTRIBUTED for Conference of 9/29/2025.
2025-07-16
Waiver of United States of right to respond submitted.
2025-07-16
Waiver of right of respondent United States to respond filed.
2025-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 16, 2025)

Attorneys

Trenton Jared Powell
Richard A. HearnHearn Law, PLC, Petitioner
Richard A. HearnHearn Law, PLC, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent