No. 21-1525

Antonio Daron Futrell v. Virginia

Lower Court: Virginia
Docketed: 2022-06-03
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: abandonment abandonment-exception cell-phone-privacy cell-phones digital-data digital-privacy fourth-amendment riley-precedent riley-v-california search-and-seizure warrantless-search
Latest Conference: 2022-10-28 (distributed 2 times)
Question Presented (from Petition)

Police conducted a warrantless search of the digital data on a cell phone appellant left at a restaurant. The lower courts held that the search did not violate the Fourth Amendment because appellant "abandoned" the phone. The question presented is whether, consistent with Riley v. California, 573 U.S. 373 (2014), the abandonment exception to the Fourth Amendment's warrant requirement allows the Government to conduct warrantless searches of the digital data on an abandoned cell phone.

Question Presented (AI Summary)

Whether the abandonment exception to the Fourth Amendment's warrant requirement allows the Government to conduct warrantless searches of the digital data on an abandoned cell phone

Docket Entries

2022-10-31
Petition DENIED.
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Reply of petitioner Antonio Futrell filed.
2022-09-15
Brief of respondent Virginia in opposition filed.
2022-07-20
Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2022.
2022-07-19
Motion to extend the time to file a response from August 15, 2022 to September 15, 2022, submitted to The Clerk.
2022-07-14
Response Requested. (Due August 15, 2022)
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-16
Waiver of right of respondent Virginia to respond filed.
2022-06-02
Petition for a writ of certiorari filed. (Response due July 5, 2022)

Attorneys

Antonio Futrell
Brandon Lee BoxlerKlein Thomas & Lee LLC, Petitioner
Commonwealth of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent