cell-phone

30 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6295 Rashawn Tyriq Perkins v. United States Fourth Circuit 2025-01-14 Denied Response WaivedIFP cell-phone fourth-amendment location-data particularity-requirement reasonable-reliance search-warrant 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…
23-7413 Adonis Marquis Perry v. United States Fourth Circuit 2024-05-08 Denied Response WaivedIFP cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enforc…
23-7374 David Allen v. United States Sixth Circuit 2024-05-03 Denied Response WaivedIFP cell-phone commerce-clause constitutional-interpretation original-meaning sixth-amendment sixth-circuit speedy-trial statutory-interpretation substantial-effects-test supreme-court-precedent Whether the broad rule adopted by the Sixth Circuit, that the Commerce Clause gives congress the power to regulate all conduct incidentally using a ce…
23-6990 Kristopher Dean Putnam v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception probable-cause search-warrant Does the Fourth Amendment permit the issuance of a search warrant for a cell phone absent case-specific facts connecting the alleged crime and the pho…
22-7098 Rashid Turner v. United States Eleventh Circuit 2023-03-24 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment bank-robbery-act cell-phone cell-phone-search double-jeopardy exclusionary-rule good-faith good-faith-exception hobbs-act search-and-seizure warrant warrant-requirement Whether good faith should apply when law enforcement agency has a policy, written or unwritten, where the officer who conducts a search of a cell phon…
22-6995 Matthew Patrick Langenberg v. United States Eighth Circuit 2023-03-13 Denied Response WaivedIFP 4th-amendment apparent-authority cell-phone cell-phone-privacy consent consent-search fourth-amendment privacy riley-precedent search warrantless warrantless-search Whether an employer has 'apparent authority' to consent to a complete search, including a forensic examination, of an employee's cell phone based upon…
22-6777 Fharis Denane Smith v. United States Sixth Circuit 2023-02-14 Denied IFP cell-phone circuit-split digital-privacy fourth-amendment good-faith law-enforcement-procedure probable-cause search-and-seizure search-warrant warrant-requirement Question Presented
22-6766 Michael A. Weis v. Illinois Illinois 2023-02-13 Denied IFP cell-phone cell-phone-privacy civil-rights criminal-procedure due-process fourth-amendment search-and-seizure warrantless-search Did the Illinois courts violate Petitioner's fourth Amendment right to be free from illegal search and seizure when the police seized his cell phone f…
22-6580 Daniel J. Campbell v. Ohio Ohio 2023-01-19 Denied Response RequestedRelisted (2)IFP 4th-amendment cell-phone digital-devices digital-privacy fourth-amendment probation probation-search reasonable-suspicion search search-conditions state-supervision Is a search reasonable under the 4th Amendment when a probation officer lacks required reasonable suspicion and violates state law to search a probati…
22-486 Texas v. John Wesley Baldwin Texas 2022-11-22 Denied 4th-amendment cell-phone cell-phone-search criminal-conspiracy fourth-amendment illinois-v-gates organized-crime probable-cause riley-standard riley-v-california search-warrant warrant-requirements Whether an officer's uncorroborated belief that co-conspirators who planned a crime over multiple days used their cell phones to do so is a 'bare conc…
22-236 Jake J. McGovern v. Nebraska Nebraska 2022-09-13 Denied Response Waived cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception overbroad probable-cause search-and-seizure warrant-scope Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition …
21-8150 Lorenzo Shelton v. United States Sixth Circuit 2022-06-16 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy exclusionary-rule fourth-amendment parole parole-conditions reasonable-suspicion search-and-seizure warrantless-search Whether the lower courts erred in allowing the Petitioner's cell phone to be searched just because he was on State parole
21-6994 Fernando Lara v. United States Fourth Circuit 2022-01-27 Denied Response WaivedIFP cell-phone exclusionary-rule fourth-amendment privacy probable-cause search-and-seizure Whether the result of an alleged search of Petitioner's cell phone violated his Fourth Amendment rights
20-7914 Danny Ray Williams v. United States Fifth Circuit 2021-05-03 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search consent consent-search custodial-interrogation digital-privacy forensic-evidence forensic-search fourth-amendment search-and-seizure Whether an officer must expressly state that he is seeking consent for a forensic, not just a manual, search of a cell phone
20-1198 Jerry Wiltz v. Texas Texas 2021-03-01 Denied Response Waived 4th-amendment abandonment abandonment-doctrine cell-phone cell-phone-privacy civil-rights fourth-amendment privacy privacy-rights search-and-seizure standing warrant-requirement Whether a person can abandon their privacy right to an item by merely leaving it behind without evidence of intentional abandonment
20-6445 Cristofer Jose Gallegos-Espinal v. United States Fifth Circuit 2020-11-27 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search consent consent-form forensic-search fourth-amendment government-surveillance perpetuity riley-precedent riley-v-california Whether verbal consent to 'look through' a cell phone, followed by written consent on an outmoded pre-Riley consent form, permits the government to pe…
20-6300 Bryan Mitchell Lietzau v. Arizona Arizona 2020-11-13 Denied IFP cell-phone cell-phone-privacy fourth-amendment privacy-rights probation probation-search reasonable-suspicion search warrantless-search Does the Fourth Amendment require reasonable suspicion for a probation officer to conduct a warrantless search of a probationer's person or property?
20-6265 Alfredo Aguilar Jr. v. United States Fifth Circuit 2020-11-10 Denied Response WaivedIFP 4th-amendment border-search cell-phone cell-phone-privacy forensic-examination fourth-amendment privacy riley-precedent riley-v-california warrant warrantless-search Whether a warrantless forensic search of a cell phone at a border port of entry is an unreasonable search
19-1102 Dontae Small v. United States Fourth Circuit 2020-03-09 Denied Amici (1)Response Waived abandonment-exception carjacking-statute cell-phone cell-phone-privacy cell-phones digital-contents digital-privacy digital-search fourth-amendment fourth-amendment-warrant-requirement mens-rea riley-v-california search-incident-to-arrest Whether the Fourth Amendment permits warrantless searches of the digital contents of an abandoned cell phone
19-6602 Carey Ackies, aka Boyd v. United States First Circuit 2019-11-13 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-tracking criminal-procedure direct-review drug-offense first-step-act law-enforcement-surveillance location-tracking search-and-seizure sentencing-thresholds surveillance Whether a cell phone is a 'tracking device' under 18 U.S.C. § 3117(b)
19-6595 Raymond Tavelle Holmes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-13 Denied IFP cell-phone civil-procedure civil-procedure-28-usc-636 due-process fair-trial florida-statute-934.23 fourteenth-amendment fourth-amendment ineffective-counsel inevitable-discovery magistrate-judge objection procedural-error report-and-recommendation search-and-seizure severance similar-fact-evidence sixth-amendment standing third-party warrantless-search Whether the failure to sever counts deprived the P Whether the warrantless search and seizure of text williams-rule Whether the Magistrate Judge failed to file a report and recommendation as required, depriving the Petitioner the opportunity to file a written object…
19-6573 Garron Gonzalez v. United States Eighth Circuit 2019-11-12 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-privacy civil-rights constitutional-rights digital-evidence effective-assistance-of-counsel fourth-amendment ineffective-assistance-of-counsel probation probation-search search-and-seizure suppression-of-evidence unreasonable-search Whether the Fourth Amendment required suppression of evidence found during warrantless interception of incoming calls on a jailed probationer's cell p…
19-6267 Michael E. Goynes, Jr. v. Nebraska Nebraska 2019-10-15 Denied Response WaivedRelisted (2)IFP 4th-amendment affidavit cell-phone cell-phone-privacy crime-investigation criminal-investigation fourth-amendment nexus probable-cause search search-and-seizure search-warrant warrant-requirement Whether the Fourth Amendment prohibits the search of the content of a suspect's cell phone when the affidavit in support of the search provides no nex…
19-6154 Joanthony Deaundre Johnson v. Missouri Missouri 2019-10-04 Denied Response WaivedIFP cell-phone criminal-procedure digital-evidence fifth-amendment fourth-amendment particularity-requirement search-and-seizure self-incrimination warrant-particularity Whether a warrant authorizing the search of a cell phone and describing the things to be seized as 'all data/software' pertaining to the crimes is off…
19-5766 Tham Bui v. California California 2019-08-30 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-location-data cell-phone-privacy fourth-amendment fourth-amendment-search gps gps-tracking location-data privacy reasonable-expectation-of-privacy telecommunications Did petitioner have a reasonable expectation of privacy in the contemporaneous Global Positioning System coordinates transmitted by the petitioner's c…
19-5414 Arthur Whitley v. Texas Texas 2019-07-31 Denied IFP 4th-amendment affidavit cell-phone cell-phone-data cell-phone-search criminal-investigation evidence-nexus fourth-amendment murder-investigation nexus-requirement probable-cause riley-precedent riley-v-california search-warrant search-warrant-precedent Whether the Fourth Court of Appeals' legal analysis of the nexus between evidence about a murder investigation and information in the Petitioner's cel…
18-8307 Dockery Cleveland v. United States Sixth Circuit 2019-03-08 Denied Response WaivedIFP 4th-amendment-search-and-seizure 6th-amendment-jury-trial appellate-review cell-phone cell-phone-search equal-protection fourth-amendment jury-selection ongoing-intrusion peremptory-challenge race-neutral-basis search-and-seizure suppression suppression-of-evidence time-limitation warrant warrant-limitation whether-defendant-must-renew-objection-to-perempto Whether the failure to extract information from a cell phone within the time limitation of a warrant requires suppression of the tardily obtained info…
18-211 Steven Morris Hurd v. California California 2018-08-17 Denied Response Waived cell-phone cell-phone-search criminal-procedure digital-data fourth-amendment physical-objects riley-v-california robinson-precedent search-incident-to-arrest supreme-court-precedent united-states-v-robinson warrant-requirement Whether the search incident to arrest exception to the Fourth Amendment warrant requirement applied to digital data on a cell phone prior to Riley v. …
18-5536 Joseph P. Pacheco v. United States Tenth Circuit 2018-08-10 Denied Response WaivedIFP 4th-amendment cell-phone cell-phone-search cell-phones civil-rights exclusionary-rule fourth-amendment good-faith-exception riley-v-california search-warrant search-warrants When is a search of a cell phone conducted for the purposes of a search warrant following Riley v. California?
18-5306 Ramiah Jefferson v. United States Sixth Circuit 2018-07-20 GVR Relisted (3)IFP cell-phone cell-phone-search fourth-amendment gang-activity probable-cause riley-v-california search-warrant zurcher-v-stanford-daily Whether an application for a search warrant to examine the contents of a cell phone seized incident to an arrest must show more to establish probable …