No. 19-1374

Arturo Fernando Shaw Gutierrez v. California

Lower Court: California
Docketed: 2020-06-15
Status: Denied
Type: Paid
Relisted (3)
Tags: electronic-communications electronic-privacy exceptions-to-warrantless-searches fourth-amendment fourth-amendment-protection-electronic-communicati law-enforcement-search miller-doctrine privacy-rights reasonable-expectation-of-privacy stored-communications-act suppression warrant-requirement warrantless-searches
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04 (distributed 3 times)
Question Presented (from Petition)

Does the Fourth Amendment protect individuals who send or receive stored electronic communications (emails) as provided under federal law through the Stored Communications Act, 18 U.S.C. § 2701, et seq.?

Was the sender's Fourth Amendment right violated when law enforcement warrantlessly viewed the sender's private electronic communications (emails), while stored in the recipient's account on a commercial internet service provider's servers, without consent from either the sender or recipient, in violation of federal law?

Question Presented (AI Summary)

Does the Fourth Amendment protect individuals who send or receive stored electronic communications (emails) as provided under federal law through the Stored Communications Act, 18 U.S.C. § 2701, et seq.?

Docket Entries

2020-12-07
Rehearing DENIED.
2020-11-17
DISTRIBUTED for Conference of 12/4/2020.
2020-10-26
2020-10-05
Petition DENIED.
2020-07-29
DISTRIBUTED for Conference of 9/29/2020.
2020-06-15
Motion (19M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2020-05-26
MOTION (19M141) DISTRIBUTED for Conference of 6/11/2020.
2020-04-28
Motion (19M141) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2020-04-28
Petition for a writ of certiorari filed. (Response due July 15, 2020)

Attorneys

Arturo Fernando Shaw Gutierrez
Arturo Fernando Shaw Gutierrez III — Petitioner