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4. Cell phones

Kerr’s latest post considers 2 recent federal district court decisions on this subject. One raises the question of whether, under the 5th Amendment, the government may compel a suspect to enter a passcode to unlock his device.  The other considers whether the government may use a passcode obtained from a suspect in violation of Miranda… Read More

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Question presented: Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. Lower court opinion: United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016); USSC Docket; Scotusblog page This is a… Read More

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State v. Ryan H. Tentoni, 2015 WI App 77; case activity (including briefs) Tentoni does not have an objectively reasonable expectation of privacy in the text messages delivered to another person’s phone and therefore can’t seek to suppress the text messages and other subsequently obtained phone records as fruit of the government’s illegal search of the phone… Read More

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State v. Bobby L. Tate, 2014 WI 89, 7/24/14, affirming an unpublished court of appeals decision; majority opinion by Justice Roggensack; case activity State v. Nicolas Subdiaz-Osorio, 2014 WI 87, 7/24/14, affirming an unpublished per curiam court of appeals decision; lead opinion by Justice Prosser; case activity In two decisions consisting of 8 separate opinions spread out across… Read More

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Riley v. California, USSC No. 13-132 (together with United States v. Wurie, USSC No. 13-212), 2014 WL 2864483 (June 25, 2014), reversing People v. Riley, No. D059840 (Cal. App. 4th Dist. 2013) (unpublished) (and affirming United States v. Wurie, 728 F.3d 1 (1st Cir. 2013)); Scotusblog case page (which includes links to briefs and commentary) and symposium page (additional opinion commentary) In a… Read More

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David L. Riley v. California, USSC 13-132 Question presented: Whether evidence admitted at petitioner’s trial was obtained in a search of petitioner’s cell phone that violated petitioner’s Fourth Amendment rights. Lower court opinion: People v. Riley, No. D059840 (Cal. App. 4th Dist., Feb. 8, 2013) (unpublished) Docket Scotusblog page United States v. Brima Wurie, USSC… Read More

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Review of unpublished court of appeals decision; case activity Issue (from the Petition for Review) Should this Court accept review to examine when law enforcement can electronically track a cell phone in order to locate the phone’s user? More specifically, should this Court review a) whether obtaining a cell phone’s location constitutes a “search” within… Read More

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Review of per curiam court of appeals decision; case activity Issues (from the Petition for Review): 1. Without obtaining a warrant, police tracked Subdiaz-Osorio’s location through the signal transmitted from his cell phone. Did the trial court err in denying his motion to suppress this evidence? 2. Did the court of appeals in deciding that… Read More

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