No. 25-402

Mamadou Diaw v. Ohio

Lower Court: Ohio
Docketed: 2025-10-03
Status: Denied
Type: Paid
Response Waived
Tags: fourth-amendment investigative-use location-data privacy-rights third-party-doctrine warrant-requirement
Key Terms:
FourthAmendment Privacy
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether the Fourth Amendment permits law enforcement to obtain a single historical location data point without a warrant via a prosecutor's subpoena

Question Presented (OCR Extract)

1. Whether, after Carpenter v. United States , 585 U.S. 296 (2018), the Fourth Amendment permits law enforcement to obtain a single historical location data point associated with a user account on a third-party marketplace application—without a warrant—via a prosecutor’s subpoena issued under state statute. 2. Whether the “third-party doctrine” from Smith v. Maryland , 442 U.S. 735 (1979), and United States v. Miller , 425 U.S. 435 (1976), exte nds to historical app-location data where the government seeks targeted historical coordinates for investigative use, rather than business records reflecti ng non-locational account activity.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-08
DISTRIBUTED for Conference of 11/7/2025.
2025-10-07
Waiver of State of Ohio of right to respond submitted.
2025-10-07
Waiver of right of respondent State of Ohio to respond filed.
2025-09-30
Petition for a writ of certiorari filed. (Response due November 3, 2025)

Attorneys

Mamadou Diaw
Adam Gregory BurkeBurke, Meis & Associates LLC, Petitioner
Adam Gregory BurkeBurke, Meis & Associates LLC, Petitioner
State of Ohio
Seth Luxon GilbertFranklin County Prosecuting Attorney, Respondent
Seth Luxon GilbertFranklin County Prosecuting Attorney, Respondent