No. 19-7128

Mojisola Popoola v. United States

Lower Court: Fourth Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment digital-evidence encrypted-devices encryption fifth-amendment miranda-warnings police-custody search-and-seizure self-incrimination standing suppression testimonial-conduct testimonial-evidence
Latest Conference: 2020-02-21
Related Cases: 19-7208 (Vide)
Question Presented (from Petition)

1. Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone, is testimonial conduct protected by the Fifth Amendment.

2. Whether digital evidence derived from the cellphone must be suppressed if Miranda warnings were intentionally not given prior to the request to enter her passcode to unlock an encrypted cellphone.

Question Presented (AI Summary)

Whether the physical act of a person in police custody responding to a request to enter her passcode to unlock an encrypted cellphone is testimonial conduct protected by the Fifth Amendment

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-13
Waiver of right of respondent United States to respond filed.
2019-12-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

Mojisola Popoola
Richard Alan SeligmanLaw Office of Richard Seligman, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent