An Indiana statute made it unlawful to use a cellphone or other telecommunications device to type, transmit, or read a text or email message while driving. Gregorio Paniagua-Garcia (Paniagua) (defendant) was driving on an Indiana highway when a passing police officer saw him holding a cellphone and bending his head toward the cellphone's screen. The officer inferred that Paniagua was texting. In fact, Paniagua was not texting, but scrolling through the cellphone's music application. The officer stopped Paniagua and found heroin in the car. The United States government (plaintiff) successfully prosecuted Paniagua for possession of illegal drugs, and Paniagua appealed to the United States Court of Appeals for the Seventh Circuit.