Search | Punch and Jurists

U.S. v. Wise, No. Crim. No. H-12-194-9 (S.D.Tex.) (208 F.Supp.3d 805) (September 23, 2016) (Judge Lynn N. Hughes)

Article • August 14, 2017 • from P&J August, 2017

Filed under: Punch And Jurists, Consent

U.S. v. Wise, No. Crim. No. H-12-194-9 (S.D.Tex.) (208 F.Supp.3d 805) (September 23, 2016) (Judge Lynn N. Hughes) by In his opening paragraph, Judge Hughes succinctly summarized the issues at stake in this unlawful search of all passengers on a commercial bus at a phony checkpoint case. He wrote: “This …

Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito)

Article • April 28, 2014 • from P&J March, 2014

Filed under: Punch And Jurists, Consent

Fernandez v. California, No. 12-7822 (U.S. Supreme Court) (571 U.S. 972; 134 S.Ct. 1126) (February 25, 2014) (Justice Alito) by In Georgia v. Randolph, 547 U.S. 103, 122-23 (2006), a divided Supreme Court held that the police cannot enter a home and seize evidence without a warrant where one occupant …

Georgia v. Randolph, No. 04-1067 (U.S. Supreme Court) (547 U.S. 103; 126 S.Ct. 1515) (March 22, 2006) (Justice Souter)

Article • March 3, 2014

Filed under: Punch And Jurists, Consent

Georgia v. Randolph, No. 04-1067 (U.S. Supreme Court) (547 U.S. 103; 126 S.Ct. 1515) (March 22, 2006) (Justice Souter) by In U.S. v. Matlock, 415 U.S. 164 (1974), the Supreme Court held that the consent of one who possesses common authority over a premises or its effects is valid as …

Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Consent

Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher) by Lance Wood, a state prisoner in Idaho, filed a civil rights lawsuit against various prison officials and employees, including Sandra de Martin (“Martin:), a female prison guard, alleging various violations of his …

U.S. v. McGee, No. 07-4509-cr (2nd Cir.) (564 F.3d 136) (April 24, 2009) (Judge Pierre N. Leval)

Article • May 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Third-party Consent

U.S. v. McGee, No. 07-4509-cr (2nd Cir.) (564 F.3d 136) (April 24, 2009) (Judge Pierre N. Leval) by Conviction for firearms possessions is affirmed where: 1) the district court properly denied defendant's motion to suppress evidence seized from his house as defendant's live-in girlfriend had authority to occupy the premises …

In re Terrorist Bombings of U.S. Embassies (Fifth Amendment Challenges), No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 177) (November 24, 2008) (Judge Jose A. Cabranes)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Motion Practice

In re Terrorist Bombings of U.S. Embassies (Fifth Amendment Challenges), No. 01-1535-cr (L) (2nd Cir.) (552 F.3d 177) (November 24, 2008) (Judge Jose A. Cabranes) by In re Terrorist Bombings of U.S. Embassies in East Africa (Fifth Amendment Challenges), No. 011535, 011550, 011553, 011571, 056149, 056704 (three decisions) Judgments of …

U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White)

Article • March 31, 2006

Filed under: Punch And Jurists, Consent

U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White) by This seminal case held that the consent of one who possesses common authority over a premises or its effects is valid as against the absent, nonconsenting person with whom that …

Dolan v. City of Tigard, No. 93-518 (U.S. Supreme Court) (512 U.S. 374; 114 S.Ct. 2309) (June 24, 1994) (Justice Rehnquist)

Article • September 16, 2005

Filed under: Punch And Jurists, Doctrine of Unconstitutional Conditions

Dolan v. City of Tigard, No. 93-518 (U.S. Supreme Court) (512 U.S. 374; 114 S.Ct. 2309) (June 24, 1994) (Justice Rehnquist) by This case is noted for its development of the doctrine of "unconstitutional conditions," which limits the Government's ability to exact waivers of rights as a consition of benefits, …

Bumper v. North Carolina, No. 1016 (U.S. Supreme Court) (391 U.S. 543; 88 S.Ct. 1788) (June 3, 2068) (Justice Stewart)

Article • August 1, 2005

Filed under: Punch And Jurists, Consent

Bumper v. North Carolina, No. 1016 (U.S. Supreme Court) (391 U.S. 543; 88 S.Ct. 1788) (June 3, 2068) (Justice Stewart) by Case held that when the prosecution seeks to rely on consent to justify the lawfulness of a search, it has the burden of proving the consent was freely and …

U.S. v. Barnett, No. 04-3646 (7th Cir.) (415 F.3d 690) (July 18, 2005) (Judge Richard A. Posner)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Condition of Probation

U.S. v. Barnett, No. 04-3646 (7th Cir.) (415 F.3d 690) (July 18, 2005) (Judge Richard A. Posner) by U.S. v. Scott, 424 F.3d 888 (9th Cir. 09/09/05) (Judge Kozinski) U.S. v. Barnett, 415 F.3d 690 (7th Cir. 2005) (Judge Posner) Both of these cases address an issue that the Supreme …

U.S. v. Scott, No. 04-10090 (9th Cir.) (424 F.3d 888) (September 9, 2005) (Judge Alex Kozinski)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Doctrine of Unconstitutional Conditions

U.S. v. Scott, No. 04-10090 (9th Cir.) (424 F.3d 888) (September 9, 2005) (Judge Alex Kozinski) by Here the Court held that a broad consent given by a pretrial detainee to searches of his self and his residence as a condition of his release on bail was invalid as a …

U.S. v. Isiofia, No. 03-1287 (2nd Cir.) (370 F.3d 226) (June 1, 2004) (Judge Barrington D. Jr. Parker)

Article • May 1, 2004 • from P&J May, 2004

Filed under: Punch And Jurists, Consent

U.S. v. Isiofia, No. 03-1287 (2nd Cir.) (370 F.3d 226) (June 1, 2004) (Judge Barrington D. Jr. Parker) by Here the Second Circuit affirmed the district court’s suppression of evidence based on its finding that the defendant’s consents to searches were not voluntary. In an effort to identify and arrest …

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (361 F.3d 494) (March 11, 2004) (Judge Richard R. Clifton)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Consent

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (361 F.3d 494) (March 11, 2004) (Judge Richard R. Clifton) by

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (346 F.3d 963) (October 15, 2003) (Judge Richard R. Clifton)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Consent

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (346 F.3d 963) (October 15, 2003) (Judge Richard R. Clifton) by The defendant in this case, Herman Soriano, was convicted of possession of stolen mail and receipt of a stolen U.S. Treasury check, both of which were discovered during a warrantless search …

Florida v. Royer, No. 80-2146 (U.S. Supreme Court) (460 U.S. 491; 103 S.Ct. 1319) (March 23, 1983) (Justice White)

Article • September 25, 2003

Filed under: Punch And Jurists, Consent

Florida v. Royer, No. 80-2146 (U.S. Supreme Court) (460 U.S. 491; 103 S.Ct. 1319) (March 23, 1983) (Justice White) by In this case the Supreme Court suppressed the evidence discovered as a result of a search following an illegal stop, even though the police obtained the defendant's consent to the …

Florida v. Jimeno, No. 90-622 (U.S. Supreme Court) (500 U.S. 248; 111 S.Ct. 1801) (May 23, 1991) (Justice Rehnquist)

Article • September 14, 2003

Filed under: Punch And Jurists, Consent

Florida v. Jimeno, No. 90-622 (U.S. Supreme Court) (500 U.S. 248; 111 S.Ct. 1801) (May 23, 1991) (Justice Rehnquist) by Here the Court held that the Fourth Amendment is not violated when, after a person gives a consent to search his car, they open a closed container found within the …

Ferguson v. City of Charleston, No. 97-2512 (4th Cir.) (308 F.3d 380) (October 17, 2002) (Judge William W. Jr. Wilkins)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Consent

Ferguson v. City of Charleston, No. 97-2512 (4th Cir.) (308 F.3d 380) (October 17, 2002) (Judge William W. Jr. Wilkins) by In an action alleging that a hospital policy of drug testing pregnant women's urine constituted an unreasonable search under the 4th Amendment, no rational jury could find that patients …

U.S. v. Long Huang You, No. 01 CR 960 (SAS) (S.D.N.Y.) (198 F.Supp.2d 393) (February 28, 2002) (Judge Shira A. Scheindlin)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Consent

U.S. v. Long Huang You, No. 01 CR 960 (SAS) (S.D.N.Y.) (198 F.Supp.2d 393) (February 28, 2002) (Judge Shira A. Scheindlin) by

U.S. v. Hernandez, No. 00-20682 (5th Cir.) (279 F.3d 302) (January 11, 2002) (Judge Harold R. Jr. DeMoss)

Article • March 1, 2002 • from P&J March, 2002

Filed under: Punch And Jurists, Consent

U.S. v. Hernandez, No. 00-20682 (5th Cir.) (279 F.3d 302) (January 11, 2002) (Judge Harold R. Jr. DeMoss) by In this case, although the defendant had consented to the search of her luggage, the court found that an officer first had improperly searched the luggage by manipulating it. Thus, the …

Schneckloth v. Bustamonte, No. 71-732 (U.S. Supreme Court) (412 U.S. 218; 93 S.Ct. 2041) (May 29, 1973) (Justice Stewart)

Article • June 24, 2000

Filed under: Punch And Jurists, Consent

Schneckloth v. Bustamonte, No. 71-732 (U.S. Supreme Court) (412 U.S. 218; 93 S.Ct. 2041) (May 29, 1973) (Justice Stewart) by In this case the Court established a "totality of circumstances" test to determine whether a defendant's consent to a search, if given at all, was voluntary and not the product …