No. 18-9058
Juan L. Garcia v. United States
Response WaivedIFP
Tags: 4th-amendment cell-phone-data civil-rights consent fourth-amendment home-search lawful-arrest probable-cause search-and-seizure seizure unreasonable-search warrantless-search
Key Terms:
FourthAmendment
FourthAmendment
Latest Conference:
2019-05-30
Question Presented (from Petition)
1. Does the Supreme Court's decision in Riley v. California, 134 S.Ct. 2473 (2014) (regarding the warrantless search of the contents of a cell phone incident to arrest as constitutionally unreasonable) should be made retroactive to cases such as Garcia's on collateral review?
2. Does the Supreme Court's decision in Stone v. Powell, 428 U.S. 465 (1976) bar a Fourth Amendment challenge when Fifth Circuit precedent was directly contrary to this Court's holding in a subsequent decision?
Question Presented (AI Summary)
Whether the Fourth Amendment's prohibition on unreasonable searches and seizures applies to the search of a person's home and belongings when the person is not present and has not consented to the search
Docket Entries
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-07
Waiver of right of respondent United States to respond filed.
2018-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2019)
Attorneys
Juan L. Garcia
Juan L. Garcia — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent