No. 21-921

Mark A. Witaschek v. District of Columbia

Lower Court: District of Columbia
Docketed: 2021-12-22
Status: Denied
Type: Paid
Tags: administrative-summons carpenter-v-united-states digital-privacy fourth-amendment good-faith-exception government-surveillance probable-cause tax-evasion third-party-doctrine
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2022-02-18
Question Presented (from Petition)

1. Whether the Fourth Amendment's third-party doctrine should be overruled, limited, or held inapplicable when the government collects massive digitally recorded data revealing a detailed mosaic of an individual's private life without satisfying any threshold of suspicion or vetting by a neutral magistrate consistent with Carpenter v. United States, 138 S.Ct. 2206 (2018).

2. Whether the District of Columbia Court of Appeals erred in upholding the denial of Petitioner's motion to suppress by concluding that criminal investigators of the Office of Tax and Revenue held an objectively reasonable, good faith belief in the constitutionality of twenty-six (26) suspicionless administrative summonses used to gather 4,000 predominantly irrelevant documents providing a detailed mosaic of Petitioner's personal life over a period of seven years.

Question Presented (AI Summary)

Whether the Fourth Amendment's third-party doctrine should be overruled, limited, or held inapplicable

Docket Entries

2022-02-22
Petition DENIED.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2021-12-06
Petition for a writ of certiorari filed. (Response due January 21, 2022)
2021-10-01
Application (21A52) granted by The Chief Justice extending the time to file until December 7, 2021.
2021-09-28
Application (21A52) to extend the time to file a petition for a writ of certiorari from October 20, 2021 to December 7, 2021, submitted to The Chief Justice.

Attorneys

Mark A. Witaschek
Bruce Elliott FeinBruce Fein Law, Petitioner