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William Mixton v. Arizona

IFP petition · Supreme Court of Arizona, No. CR-19-0276-PR · judgment January 11, 2021


Certiorari denied · October 4, 2021

Question presented

Police identified William Mixton as the user of an instant-messaging account through the issuance of two administrative subpoenas, both of which involved searches of private information without judicial approval. A slender majority of the Arizona Supreme Court affirmed, determining that the exception to the third-party doctrine in Carpenter v. United States, 138 S. Ct. 2206 (2018), was limited to cell site location information and did not create a reasonable expectation of privacy in his IP address or subscriber information. The questions presented are: Should this Court overrule the third-party doctrine as stated in Miller and Smith as being inconsistent with a reasonable expectation of privacy under Katz v. United States, 389 U.S. 347 (1967)? Alternatively, should this Court find that the third-party doctrine is inconsistent with the Fourth Amendment and adopt the Positive Law Model as described in Justice Gorsuch’s dissenting opinion in Carpenter?

Counsel of record

For petitioner
David Joseph Euchner
Pima County Public Defender's Office

For respondent
Linley Sarah Wilson
Office of the Arizona Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 01 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 29 2021
    Waiver of right of respondent Arizona to respond filed.
  4. Jun 10 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2021)