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Ohio v. Daniel Deuble

Paid petition · Court of Appeals of Ohio, Cuyahoga County, No. 108814 · judgment August 6, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

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

Questions presented

  1. Whether probable cause existed under the Fourth Amendment to the United States Constitution to detain a person suspected of soliciting sexual activity from a law enforcement officer posing as a minor through a social media application where the person’s identity is corroborated through the person’s actions. Here the suspect agreed to meet the law enforcement officer posing as a minor for sexual activity, and was the only person observed at the agreed meeting location using his cell phone as the law enforcement officer posing as the minor sent communications to the suspect through the social media application.

  2. Whether a phone is searched for purposes of the Fourth Amendment of the United States Constitution where the phone’s content was not affirmatively accessed by law enforcement officers?

Counsel of record

For petitioner
Daniel Tuyen Van
Cuyahoga County Prosecutor's Office

For respondent
Justin Michael Weatherly
Henderson, Mokhtari & Weatherly, Co., LPA

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 11 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 11 2021
    Reply of petitioner State of Ohio filed. (Distributed)
  4. Jul 23 2021
    Brief of respondent Daniel Deuble in opposition filed.
  5. Jun 21 2021
    Petition for a writ of certiorari filed. (Response due July 23, 2021)