No. 19-1102

Dontae Small v. United States

Lower Court: Fourth Circuit
Docketed: 2020-03-09
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: 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
Latest Conference: 2020-04-03
Question Presented (from Petition)

1. In Riley v. California, 573 U.S. 373 (2014), this Court held that the "search incident to arrest" exception to the Fourth Amendment's warrant requirement permits warrantless searches of the physical aspects of a cell phone but not its digital contents. The question presented is whether, consistent with Riley, the "abandonment" exception to the Fourth Amendment's warrant requirement permits warrantless searches of the digital contents of an abandoned cell phone.

2. Whether evidence that assailants pointed a gun at a victim and patted his pockets, without more, supports an inference that the robbers intended "to cause death or serious bodily harm" under the carjacking statute, 18 U.S.C. § 2119, when the assailants did not harm the victim even though he repeatedly rebuffed their commands, and there is no evidence that the gun was loaded, discharged, or even operational.

Question Presented (AI Summary)

Whether the Fourth Amendment permits warrantless searches of the digital contents of an abandoned cell phone

Docket Entries

2020-04-06
Petition DENIED.
2020-03-27
Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
2020-03-18
DISTRIBUTED for Conference of 4/3/2020.
2020-03-13
Blanket Consent filed by Petitioner, Dontae Small.
2020-03-12
Waiver of right of respondent United States to respond filed.
2020-03-05
Petition for a writ of certiorari filed. (Response due April 8, 2020)

Attorneys

Dontae Small
Brandon Lee BoxlerGibson, Dunn & Crutcher LLP, Petitioner
Electronic Frontier Foundation
Jennifer LynchElectronic Frontier Foundation, Amicus
United States
Noel J. FranciscoSolicitor General, Respondent