No. 22-236

Jake J. McGovern v. Nebraska

Lower Court: Nebraska
Docketed: 2022-09-13
Status: Denied
Type: Paid
Response Waived
Tags: cell-phone cell-phone-search exclusionary-rule fourth-amendment good-faith-exception overbroad probable-cause search-and-seizure warrant-scope
Latest Conference: 2022-11-04
Question Presented (from Petition)

1. Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition to the evidence for which there is probable cause?

2. Does the good faith exception to the exclusionary rule invariably salvage the search of a cell phone that is conducted pursuant to a warrant that is supported by probable cause?

Question Presented (AI Summary)

Is a warrant to search a cell phone overbroad, in violation of the Fourth Amendment, if it authorizes the search of evidence on the phone in addition to the evidence for which there is probable cause?

Docket Entries

2022-11-07
Petition DENIED.
2022-10-19
DISTRIBUTED for Conference of 11/4/2022.
2022-10-13
Waiver of right of respondent Nebraska to respond filed.
2022-09-08
Petition for a writ of certiorari filed. (Response due October 13, 2022)

Attorneys

Jake J. McGovern
Andy SimrinAndy Simrin PC, Petitioner
Nebraska
James A. CampbellNebraska Attorney General's Office, Respondent