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Unspecified legal dispute

Stellwagen v. Florida

Updated Nov 13, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Gerard F. Stellwagen’s case against Florida is pending before the Supreme Court.
What's at stake
Stellwagen’s challenge to the warrant remains unresolved because the Supreme Court has not agreed to review it.

Summary: written with AI from the case record.

What it's about

The information provided does not say what the dispute is about or what action the Court has taken.

The petition raises three Fourth Amendment questions: whether the evidence was too old, whether it linked the suspected offense to the home, and whether the warrant allowed too broad a search of devices.

Question presented

1. Staleness. Whether a single, isolated transmission of child pornography – here, one image sent roughly eight months before the warrant issued – becomes categorically “not stale” for purposes of probable cause simply because digital files are capable of indefinite storage, even where the affidavit contains no evidence that the suspect is a “collector” who retains such material. 2. Nexus to the residence. Whether evidence that an online child-pornography offense was committed through an email account associated with a suspect, without evidence tying that activity to the suspect’s home (such as an IP address for the device used), establishes the “fair probability” that evidence will be found in the home that the Fourth Amendment requires. 3. Particularity and overbreadth. Whether, in light of Riley v. California, 573 U.S. 373 (2014), the Fourth Amendment’s particularity requirement permits a warrant to authorize the seizure and forensic search of every electronic device and all data in a residence based on probable cause as to a single identified file.

What happens next

The Court must decide whether to hear the case. The petition was distributed for a Dec. 4, 2026 conference, but that is not a grant of review or a promised decision date.

Documents

2

Docket activity

6
  • New analysis added

    Nov 13, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 13, 2026 · Generated

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Oct 8, 2026 · Court records

Show 1 more
  • Court Order added: Lower Court Orders/Opinions

    Aug 21, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 13, 2026Methodology

Court records and filings

Reporting and analysis