No. 18-9485

Dante Taylor v. New York

Lower Court: New York
Docketed: 2019-05-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: cell-site-location cell-site-location-information exigent-circumstances fourth-amendment privacy-interest reasonable-expectation-of-privacy secure-communications-act statutory-violation suppression-remedy warrantless-search
Key Terms:
FourthAmendment DueProcess CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (from Petition)

Q1A. Did New York State violate the Supremacy Clause and my right to due process when it failed to adhere to this Court's requirement for retroactive application of newly minted constitutional rulings on all cases that have not yet become final?

Q1B. Is there a limited period for which the Government may obtain an individual's historical CSLI free from Fourth Amendment scrutiny, and if so, how long must that period be in order to constitute a Fourth Amendment violation?

Q1C. Did the police violate my Fourth Amendment rights when they: (i) obtained my cell site location data without any judicial action, (ii) violated and/or completely ignored the statutory provisions of 18 U.S.C. §§ 2701(b), and 2707, and/or (iii) submitted false claims of exigency which to justify their warrantless search of my CSLI?

Q1D. Should this Court's Exclusionary rule be expanded to include violations of the SCA where the police not only knowingly fabricate exigent circumstances to justify it illegal access to the data, but they do so with the specific aim of bypassing Fourth Amendment protections?

Question Presented (AI Summary)

Whether the warrantless acquisition of cell site location information from a cell phone provider violates the Fourth Amendment

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-09-24
Brief of respondent State of New York in opposition filed.
2019-08-07
Motion to extend the time to file a response is granted and the time is extended to and including September 27, 2019.
2019-08-02
Motion to extend the time to file a response from August 28, 2019 to September 27, 2019, submitted to The Clerk.
2019-07-29
Response Requested. (Due August 28, 2019)
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-06
Waiver of right of respondent New York to respond filed.
2019-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)
2019-03-18
Application (18A940) granted by Justice Ginsburg extending the time to file until June 2, 2019.
2019-03-04
Application (18A940) to extend the time to file a petition for a writ of certiorari from April 3, 2019 to June 2, 2019, submitted to Justice Ginsburg.

Attorneys

Dante Taylor
Dante Taylor — Petitioner
New York
Wendy Evans LehmannNew York Prosecutor's Training Institute, Respondent
State of New York
John M. CastellanoQueens County District Attorney's Office, Respondent