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Kris V. Zocco v. Wisconsin

Paid petition · Court of Appeals of Wisconsin, District I, No. 2018AP1145-CR, 2018AP1146-CR · judgment August 27, 2019


Certiorari denied · October 5, 2020
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In Riley v. California, 573 U.S. 373 (2014), this Court held that, because “[c]ell phones . . . place vast quantities of personal information literally in the hands of individuals,” id. at 386, police may not search the contents of such phones incident to arrest without a warrant or a “case-specific exception[]” to the warrant requirement, id. at 401-02. Is the Fourth Amendment’s ban on general warrants violated by a warrant broadly authorizing search of the “contents” of a cell phone for unspecified “evidence” of a particular crime where neither the warrant nor the supporting affidavit identifies any particular evidence to be sought or any nonconclusory explanation for why any such evidence is thought to either exist on the phone or be evidence of the offenses identified in the warrant?

Counsel of record

For petitioner
Robert R. Henak
Henak Law Office, S.C.

For respondent
Hannah Schieber Jurss
Wisconsin Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Jul 08 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Jun 26 2020
    Waiver of right of respondent State of Wisconsin to respond filed.
  4. May 19 2020
    Petition for a writ of certiorari filed. (Response due July 1, 2020)