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Kris V. Zocco v. Wisconsin

Paid petition · Court of Appeals of Wisconsin, District I, No. 2021AP1412-CR · judgment October 31, 2023


Certiorari denied · October 7, 2024
Pre-decision estimate: 2% cert probability

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

Question presented

The Fourth Amendment requires that a search warrant describe the things to be searched and seized with sufficient particularity to prevent a “general, exploratory rummaging in a person’s belongings.” Coolidge v. New Hampshire, 403 U.S. 443, 467 (1971), different holding overruled in part on other grounds, Horton v. California, 496 U.S. 128 (1990). Does a warrant to search the entire contents of a cell phone for unspecified “evidence” of enumerated crimes violate the Fourth Amendment’s requirement that warrants “particularly describ[e] the place to be searched, and the persons or things to be seized?”

Counsel of record

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

For respondent
John W. Kellis
Wisconsin Department of Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 14 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 22 2024
    Waiver of right of respondent Wisconsin to respond filed.
  4. Jun 26 2024
    Petition for a writ of certiorari filed. (Response due July 29, 2024)