No. 21-6290

George Steven Burch v. Wisconsin

Lower Court: Wisconsin
Docketed: 2021-11-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: consent consent-search data-retention digital-privacy fourth-amendment law-enforcement search-and-seizure smartphone-data warrantless-search
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-01-07
Question Presented (from Petition)

After the government obtains consent to search specific information on
an individual's smart phone, whether or to what extent the Fourth Amendment
tolerates the government (1) duplicating the entire digital contents of the
phone, (2) retaining that digital data indefinitely, and (3) warrantlessly
searching that data in perpetuity?

Question Presented (AI Summary)

Whether the Fourth Amendment tolerates the government duplicating, retaining, and warrantlessly searching the entire digital contents of a smartphone after obtaining consent to search specific information

Docket Entries

2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-12-10
Waiver of right of respondent Wisconsin to respond filed.
2021-11-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2021)

Attorneys

George Burch
Ana Lyn BabcockBabcock Law, LLC, Petitioner
Wisconsin
Sarah Lynn BurgundyWisconsin Department of Justice, Respondent