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Dustin Shane Sandiford v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-13131 · judgment July 1, 2025


Certiorari denied · May 18, 2026

Question presented

Whether the Eleventh Circuit Court of Appeals misconstrued the Fourth Amendment warrant requirement and the Fifth Amendment due process mandate, when it refused to consider critical facts regarding the flawed original change of plea proceedings and subsequent court proceedings, and the consequences of the confusing and unclear advisement Mr. Sandiford was given by the Magistrate Judge about the consequences of his plea on his right to appeal the denial of his motion to suppress evidence, exacerbated by the District Court’s repeated discussion of Mr. Sandiford’s arguments being reviewed on appeal, and then misconstrued the law when the Court of Appeals refused to consider the important Fourth Amendment search and seizure issues raised by Mr. Sandiford’s challenge to the seizure of digital data from distant online platforms connected to his cell phones without a proper warrant authorizing the seizure of such information and data, instead relying on a roaming general search warrant authorizing the search and seizure of Mr. Sandiford’s cell phone wherever it may be located and the unbounded search of the entirety of the internet and universe of cloud-based storage platforms and applications that may be connected to the seized cell phone, and upheld the denial of Mr. Sandiford’s meritorious motions to suppress electronic digital evidence illegally seized by the government.

Counsel of record

For petitioner
Hermes Manuel Hernandez
H. Manuel Hernandez, P.A.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 18 2026
    Petition DENIED.
  2. Apr 23 2026
    DISTRIBUTED for Conference of 5/14/2026.
  3. Apr 06 2026
    Brief of United States in opposition not accepted for filing. (To be resubmitted - April 06, 2026)
  4. Apr 06 2026
    Brief of respondent United States in opposition filed. (Resubmitted - April 6, 2026)
  5. Mar 02 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 6, 2026.
  6. Feb 27 2026
    Motion to extend the time to file a response from March 5, 2026 to April 6, 2026, submitted to The Clerk.
  7. Feb 03 2026
    Response Requested. (Due March 5, 2026)
  8. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  9. Jan 21 2026
    Waiver of right of respondent United States to respond filed.
  10. Jan 08 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)