No. 19-618

Jon Eric Shaffer v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-11-14
Status: Denied
Type: Paid
Amici (2)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: constitutional-exemption digital-devices digital-privacy fourth-amendment fourth-amendment-search fourth-amendment,private-search-doctrine,digital-p government-search private-search-doctrine property-based-test property-rights united-states-v-jacobsen united-states-v-jones virtual-certainty
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (from Petition)

1. Does the "virtual certainty" that reopening "an ordinary cardboard box" will expose nothing beyond the private actor's earlier search, Jacobsen, 466 U.S. at 119, authorize constitutionally exempt searches of digital devices, like a personal and business laptop?

2. When the government "obtains information by physically intruding" on property, United States v. Jones, 565 U.S. 400, 406 n.3 (2012), is that trespass overlooked simply because a private actor previously examined the property? In other words, is Jacobsen rendered obsolete in light of the property-based test?

Question Presented (AI Summary)

Does the 'virtual certainty' that reopening 'an ordinary cardboard box' will expose nothing beyond the private actor's earlier search, Jacobsen, 466 U.S. at 119, authorize constitutionally exempt searches of digital devices, like a personal and business laptop?

Docket Entries

2020-05-04
Petition DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-04-13
Reply of petitioner Jon Eric Shaffer filed. (Distributed)
2020-03-25
Motion to delay distribution of the petition for a writ certiorari until April 15, 2020, granted.
2020-03-24
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from April 1, 2020 to April 15, 2020, submitted to The Clerk.
2020-03-12
Brief of respondent Commonwealth of Pennsylvania in opposition filed.
2020-02-13
Response Requested. (Due March 16, 2020)
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
2019-12-16
Brief amicus curiae of Professor Ben A. McJunkin filed.
2019-12-16
Brief amici curiae of The DKT Liberty Project, et al. filed.
2019-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 15, 2020.
2019-12-11
Motion to extend the time to file a response from December 16, 2019 to January 15, 2020, submitted to The Clerk.
2019-11-13
Petition for a writ of certiorari filed. (Response due December 16, 2019)
2019-09-30
Application (19A224) granted by Justice Alito extending the time to file until November 13, 2019.
2019-09-30
Application (19A224) to extend further the time from October 16, 2019 to October 13, 2019, submitted to Justice Alito.
2019-08-26
Application (19A224) granted by Justice Alito extending the time to file until October 16, 2019.
2019-08-23
Application (19A224) to extend the time to file a petition for a writ of certiorari from September 16, 2019 to October 16, 2019, submitted to Justice Alito.

Attorneys

Commonwealth of Pennsylvania
Christopher Joseph SchmidtPennsylvania Office of Attorney General, Respondent
William Ross StoycosPennsylvania Office of Attorney General, Respondent
Jon Eric Shaffer
Amir H. AliRoderick & Solange MacArthur Justice Center, Petitioner
Professor Ben A. McJunkin
Anne Margaret VoigtsKing & Spalding LLP, Amicus
The DKT Liberty Project, The Due Process Institute, Reason Foundation
Jessica Ring AmunsonJenner & Block LLP, Amicus