No. 18-8307

Dockery Cleveland v. United States

Lower Court: Sixth Circuit
Docketed: 2019-03-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 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
Latest Conference: 2019-04-12
Question Presented (from Petition)

I. Because of the unique nature of a cell phone, the intrusion into the owner of the device will be ong oing as long as the device has the ability to be powered. Therefore, if a magistrate judg e has placed a time limitation on the Government's ability to ex tract information from the device, does the failure of the ex traction to be performed within the permissible framework of the warrant require the suppression of the tardily obtained information?

II. Because the rig ht to serve on a jury is that of the prospective juror, once a defendant has challeng ed the Government's use of a peremptory challeng e on a prospective juror who was African-American without providing an adequate race neutral basis for the challeng e, does the defendant need to renew the objection after the basis is provided to preserve appellate review of that challeng e?

Question Presented (AI Summary)

Whether the failure to extract information from a cell phone within the time limitation of a warrant requires suppression of the tardily obtained information

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-19
Waiver of right of respondent United States to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Dockery Cleveland
David Lawrence Doughten — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent