No. 23-7413

Adonis Marquis Perry v. United States

Lower Court: Fourth Circuit
Docketed: 2024-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cell-phone cell-phone-privacy consent constitutional-rights fourth-amendment fourth-amendment-violation law-enforcement privacy search-and-seizure third-party-consent warrantless-search
Key Terms:
FourthAmendment FifthAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2024-06-06
Question Presented (from Petition)

1. Whether a third party's personal use and physical possession of Petitioner's
cell phone transfer authority to the third party to consent to law
enforcement's warrantless search of Petitioner's cell phone, or whether such a
search violates the Fourth Amendment to the U.S. Constitution.

IL. Whether Petitioner was unlawfully seized during the traffic stop, where law
enforcement deviated from the purpose of the stop, without a reasonable
suspicion of criminal activity, thereby prolonging the stop in violation of the
Fourth Amendment to the U.S. Constitution.

Il. Whether multiple convictions of attempted witness tampering and
obstruction of justice violate the Fifth Amendment to the U.S.
Constitution's prohibition against multiple punishments for the same
offense.

IV. Whether the destruction of potential exculpatory evidence violates the
due process clause of the Fifth Amendment to the U.S. Constitution,
warranting dismissal of the indictment against Petitioner.

V. Whether Petitioner was denied the effective assistance of counsel in
violation of the Sixth Amendment to the U.S. Constitution, where one
of Petitioner's counsel, who withdrew from prior representation based
upon a personal conflict with Petitioner, was permitted to represent
Petitioner in this case over Petitioner's objection.

VI. Whether the evidence was insufficient as a matter of law to sustain
Petitioner's convictions for felon in possession of a firearm; witness tampering
and obstruction of justice; and possession of marijuana.

VII. Whether the sentence imposed is longer than necessary to achieve the
goals of 18 U.S.C. §3553, in violation of Petitioner's right to due
process.

Question Presented (AI Summary)

Whether a third party's personal use and physical possession of Petitioner's cell phone transfer authority to the third party to consent to law enforcement's warrantless search of Petitioner's cell phone, or whether such a search violates the Fourth Amendment to the U.S. Constitution

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-14
Waiver of right of respondent United States to respond filed.
2024-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2024)

Attorneys

Adonis Marquis Perry
Patricia A. ReneThe Rene Law Firm, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent