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Article • December 22, 2004
Reid v. Georgia, No. 79-448 (U.S. Supreme Court) (448 U.S. 438; 100 S.Ct. 2752) (June 30, 1980) (Per Curiam) by Court vacated a conviction holding that agent could not have reasonably suspected petitioner of criminal activity based on the fact that the officer surmised that the defendant met the characteristics …
Article • February 1, 2004 • from P&J February, 2004
U.S. v. Jaimes, No. 02-00175-03-ACK (D.Hawai'I) (297 F.Supp.2d 1554) (July 16, 2003) (Judge Alan Cooke Kay) by This case is noted as an example of the wide judicial gap that exists on the controversial issue of drug-contaminated currency. While numerous scientific studies have established that a significant percentage of all …
Article • February 17, 2003
Smith v. U.S., No. 52 (U.S. Supreme Court) (348 U.S. 147; 75 S.Ct. 194) (December 6, 2054) (Justice Clark) by This is one of a trilogy of cases, all decided the same day, in which the Supreme Court acknowledged and circumscribed the corroboration rule - that "an accused may not …
Article • February 17, 2003
U.S. v. Calderon, No. 25 (U.S. Supreme Court) (348 U.S. 160; 75 S.Ct. 186) (December 6, 2054) (Justice Clark) by In this case the Court affirmed a conviction for income tax evasion where the Government's proof relied principally on the "net worth theory" - after concluding that the Government's evidence …
Article • February 17, 2003
Opper v. U.S., No. 49 (U.S. Supreme Court) (348 U.S. 84; 75 S.Ct. 158) (December 6, 2054) (Justice Reed) by Here the Court held that defendant's voluntary, exculpatory, extrajudicial statements to FBI after the commission of the crime were corroborated by independent evidence and thus were properly admitted into evidence …
Article • January 1, 2003 • from P&J January, 2003
U.S. v. Jones, No. CR. 3:02CR227 (E.D.Va.) (232 F.Supp.2d 618) (November 13, 2002) (Judge Robert E. Payne) by The defendant in this case, Deborah Jones, an employee of the Richmond Police Department, was arrested for allegedly having taken part in a robbery with her ex-boyfriend. A lawful search incident to …
Article • July 1, 2000 • from P&J July, 2000
U.S. v. Buchanan, No. 98-1353 (6th Cir.) (213 F.3d 302) (May 22, 2000) (Judge Ronald Lee Gilman) by Here a divided panel held that dog-sniff evidence is inherently unreliable and therefore should normally be inadmissible as “insufficiently indicative of probable cause” due to the prevalence of drug tainted currency in …
Article • May 1, 2000 • from P&J May, 2000
U.S. v. Buchanan, No. 98-1353 (6th Cir.) (207 F.3d 344) (February 17, 2000) (Judge Ronald Lee Gilman) by This case is noted for its detailed discussion of the admissibility of testimony by police officers that trained canines reacted positively to the scent of drugs on currency. Several of the defendants …
Article • November 1, 1998 • from P&J November, 1998
U.S. v. $141,770.00 in U.S. Currency, No. 97-2393 (8th Cir.) (157 F.3d 600) (October 5, 1998) (Judge David R. Hansen) by Here theCourt held that testimony of a forensic chemist that 99 percent of United States currency was contaminated with some amount of drug residue was both unreliable and irrelevant.
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by Case rejected claim that the admission into evidence of drug dealer profile evidence was so prejudicial that it warranted exclusion, despite acknowledging the inherent prejudicial nature of such evidence and testimony. This …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by This decision is noted for its brief discussion of the Government's use of extensive drug profile evidence and testimony, a frequently used ploy that is highly effective because the standards for such …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson) by Here the Court noted that "Drug courier profile evidence is extremely prejudicial and may be used only in limited circumstances, such as ‘to establish modus operandi . . . in exceptional, complex …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Beck, No. 97-4143 (8th Cir.) (140 F.3d 1129) (April 6, 1998) (Judge Mark W. Bennett) by This case is noted not just because the Court reversed a drug conviction on the basis of lack or probable cause to detain the motorist in the first instance, but also because …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Awon, No. 96-1916 (1st Cir.) (135 F.3d 96) (February 2, 1998) (Judge Frank M. Coffin) by Here the Court delved into the "Doctrine of Completeness", stressing that it is a remedy to prevent misunderstandings, not a tool to be used to permit the admission of otherwise inadmissible evidence. …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson) by This forfeiture case shows ease by which the Government can seize cash under the so-called "probable cause standards" that prevail in the Alice-in-Wonderland world of the Federal drug forfeiture statutes. …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by Case held that the Daubert standards do not apply to expert law enforcement testimony concerning a defendant's drug dealer profile. One of the issues raised in this case was whether the trial …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Dennis, No. 96-1971 (7th Cir.) (115 F.3d 524) (June 11, 1997) (Judge Harlington Jr. Wood) by United States v. Dennis, 115 F.3d 524 (7th Cir. 1997) (Judge Wood) United States v. Webb, 115 F.3d 711 (9th Cir. 1997) (Judge Trott) Both of these cases deal with the growing …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by United States v. Dennis, 115 F.3d 524 (7th Cir. 1997) (Judge Wood) United States v. Webb, 115 F.3d 711 (9th Cir. 1997) (Judge Trott) Both of these cases deal with the growing …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Jerez, No. 95-1549 (7th Cir.) (108 F.3d 684) (February 27, 1997) (Judge Kenneth F. Ripple) by This case, involving a late-night search and seizure, covers a full panoply of many of the issues raised in such cases. Two Hispanic defendants, staying in a motel near an airport in …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Jerez, No. 95-1549 (7th Cir.) (108 F.3d 684) (February 27, 1997) (Judge Kenneth F. Ripple) by QUOTE OF THE WEEK - The hokum and hypocrisy of the metamorphic "drug dealer profile." "The 'drug dealer profile' is . . . laughable, because it can be used to justify designating …
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