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Punch and Jurists: September 19, 2011

Issue PDF
Volume 18, Number 19

In this issue:

  1. U.S. v. Rodgers, No. 10-30254 (9th Cir.) (656 F.3d 1023) (September 7, 2011) (Judge M. Margaret McKeown) (p None)
  2. U.S. v. Santini, No. 10-50391 (9th Cir.) (656 F.3d 1075) (September 8, 2011) (Per Curiam) (p None)
  3. Rush v. City of Mansfield, No. 1:07-CV-1068 (N.D.Ohio) (771 F.Supp.2d 827) (February 11, 2011) (Judge Kathleen M. O'Malley) (p None)
  4. U.S. v. Aumais, No. 10-3160-cr (2nd Cir.) (656 F.3d 147) (September 8, 2011) (Judge Dennis G. Jacobs) (p None)
  5. Floyd v. City of New York, No. 08 Civ. 1034(SAS) (S.D.N.Y.) (813 F.Supp.2d 417) (August 31, 2011) (Judge Shira A. Scheindlin) (p None)
  6. U.S. v. Bristol, No. 10-CR-36 (NGG) (E.D.N.Y.) (819 F.Supp.2d 135) (September 2, 2011) (Judge Nicholas G. Garaufis) (p None)

U.S. v. Rodgers, No. 10-30254 (9th Cir.) (656 F.3d 1023) (September 7, 2011) (Judge M. Margaret McKeown)

In this automobile search case, a divided panel from the Ninth Circuit reversed a district court’s refusal to grant a motion to suppress evidence of a gun and drugs found in the car on the grounds that the district court failed to make “an important distinction between probable cause to ...

U.S. v. Santini, No. 10-50391 (9th Cir.) (656 F.3d 1075) (September 8, 2011) (Per Curiam)

Brad Santini was arrested in 2008 for attempting to smuggle 28 kilos of marijuana into the United States from Mexico. During an inspection of his vehicle, customs agents found the drugs hidden in the rear seat and a spare tire. Santini was charged with and convicted at trial of one ...

Rush v. City of Mansfield, No. 1:07-CV-1068 (N.D.Ohio) (771 F.Supp.2d 827) (February 11, 2011) (Judge Kathleen M. O'Malley)

Here the Court held that the use of a secretive, private SWAT-type organization to execute a search warrant against a minor suspected of a petty crime was constitutionally unreasonable; and it denied qualified immunity to a number of the defendants.

This is an astonishing case about the growing militarization of ...

U.S. v. Aumais, No. 10-3160-cr (2nd Cir.) (656 F.3d 147) (September 8, 2011) (Judge Dennis G. Jacobs)

Here the Court joined the majority of Circuits in holding that a victim of child pornography should not receive any restitution payments under 18 U.S.C. § 2259 from those who possessed images of that pornography but had no role in creating it.

Gerald Aumais pled guilty to transporting and possessing ...

Floyd v. City of New York, No. 08 Civ. 1034(SAS) (S.D.N.Y.) (813 F.Supp.2d 417) (August 31, 2011) (Judge Shira A. Scheindlin)

During the period from 2004 through 2009, New York City police officers stopped people on the street and checked them out nearly three million times. Many were patted down, frisked, made to sprawl face down on the ground, or spread-eagle themselves against a wall or over the hood of a ...

U.S. v. Bristol, No. 10-CR-36 (NGG) (E.D.N.Y.) (819 F.Supp.2d 135) (September 2, 2011) (Judge Nicholas G. Garaufis)

In this case, District Judge Nicholas Garaufis of the E.D.N.Y. granted a motion to suppress evidence of a gun seized from a passenger in a car that was stopped by three New York City police officers after concluding that the officers had stopped the car on the basis of a ...