Search | Punch and Jurists

U.S. v. Griffith, No. 13-3061 (D.C. Cir.) (867 F.3d 1265) (August 18, 2017) (Judge Sri Srinivasan)

Article • August 28, 2017 • from P&J August, 2017

Filed under: Punch And Jurists, Probable Cause

U.S. v. Griffith, No. 13-3061 (D.C. Cir.) (867 F.3d 1265) (August 18, 2017) (Judge Sri Srinivasan) by Here a divided panel held a warrant authorizing officers to search for and seize all cell phones and other electronic devices in defendant's residence was invalid both because it was overly broad and …

D.E. v. Doe, No. 15-2128 (6th Cir.) (834 F.3d 723) (August 25, 2016) (Judge John M. Rogers)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Probable Cause

D.E. v. Doe, No. 15-2128 (6th Cir.) (834 F.3d 723) (August 25, 2016) (Judge John M. Rogers) by In June 2012, nineteen-year-old D.E. took a wrong turn on his way to summer camp. Instead of arriving at the camp in Michigan, he inadvertently ended up at the international border with …

U.S. v. $167,070.00 in U.S. Currency, No. 3:13-CV-00324-LRH-VPC (D.Nev.) (112 F.Supp.3d 1108) (June 12, 2015) (Judge Larry R. Hicks)

Article • March 28, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Probable Cause

U.S. v. $167,070.00 in U.S. Currency, No. 3:13-CV-00324-LRH-VPC (D.Nev.) (112 F.Supp.3d 1108) (June 12, 2015) (Judge Larry R. Hicks) by This is another outrageous asset forfeiture case that shows how Federal law both enables and encourages the police to become bandits with a badge. First, a little background. The Institute …

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (769 F.3d 163) (October 1, 2014) (Judge Franklin S. Van Antwerpen)

Article • January 19, 2015 • from P&J January, 2015

Filed under: Punch And Jurists, Probable Cause

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (769 F.3d 163) (October 1, 2014) (Judge Franklin S. Van Antwerpen) by In the 11/04/13 issue of P&J, we noted a case entitled U.S. v. Katzin, 732 F.3d 187 (3rd Cir. 10/22/13) (“Katzin I”) in which a panel from the Third Circuit became …

Kaley v. U.S., No. 12-464 (U.S. Supreme Court) (571 U.S. 320; 134 S.Ct. 1090) (February 25, 2014) (Justice Kagan)

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

Filed under: Punch And Jurists, Grand Jury Determination

Kaley v. U.S., No. 12-464 (U.S. Supreme Court) (571 U.S. 320; 134 S.Ct. 1090) (February 25, 2014) (Justice Kagan) by Among the vast arsenal of prosecutorial weapons that the Department of Justice has at its disposal, none are more fearsome nor more potent than the broad array of forfeiture statutes …

Heien v. North Carolina, No. 13-604 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 530) (December 15, 2014) (Justice (John G.) Roberts)

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

Filed under: Punch And Jurists, Mistakes of Law

Heien v. North Carolina, No. 13-604 (U.S. Supreme Court) (575 U.S. ___; 135 S.Ct. 530) (December 15, 2014) (Justice (John G.) Roberts) by In this case, the Supreme Court held that the Fourth Amendment allows for certain mistakes of the law by the police in making stops of automobiles - …

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (732 F.3d 187) (October 22, 2013) (Judge Joseph A. Jr. Greenaway)

Article • December 23, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Probable Cause

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (732 F.3d 187) (October 22, 2013) (Judge Joseph A. Jr. Greenaway) by In U.S. v. Jones, 132 S. Ct. 945 (2012), the Supreme Court’s first major ruling on the warrantless use of GPS tracking devices, the Court unanimously held that attaching a GPS …

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Probable Cause

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith) by This is an exceptionally strong Terry frisk decision (see Terry v. Ohio, 392 U.S. 1 (1968)), the import and reach of which is made all the more powerful because of …

Ackerson v. City of White Plains, No. 11-4649-cv (2nd Cir.) (702 F.3d 15) (November 29, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Probable Cause

Ackerson v. City of White Plains, No. 11-4649-cv (2nd Cir.) (702 F.3d 15) (November 29, 2012) (Per Curiam) by In action alleging false arrest, malicious prosecution and 1983 claims following arrest for 3rd degree menacing, summary judgment for defendants is affirmed in part and reversed in part, where: 1) plaintiff's …

U.S. v. Sowards, No. 10-4133 (4th Cir.) (690 F.3d 583) (June 25, 2012) (Judge James A. Jr. Wynn)

Article • November 12, 2012 • from P&J November, 2012

Filed under: Punch And Jurists, Visual Speed Estimates

U.S. v. Sowards, No. 10-4133 (4th Cir.) (690 F.3d 583) (June 25, 2012) (Judge James A. Jr. Wynn) by This is an interesting decision in which a divided panel from the Fourth Circuit held that a police officer’s uncorroborated visual speed estimate did not provide probable cause to initiate a …

U.S. v. Krupa, No. 09-10396 (9th Cir.) (658 F.3d 1174) (September 30, 2011) (Judge Consuelo M. Callahan)

Article • December 1, 2011

Filed under: Punch And Jurists, Probable Cause

U.S. v. Krupa, No. 09-10396 (9th Cir.) (658 F.3d 1174) (September 30, 2011) (Judge Consuelo M. Callahan) by Peter Krupa was staying at the house of a friend at the Edwards Air Force Base in California, when the military police arrived, looking for the owner. The military police observed that …

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)

Article • September 19, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Hunches

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) by 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 …

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

Article • September 19, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Probable Cause

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

In Re U.S., No. 10-MC-897 (NGG) (E.D.N.Y.) (809 F.Supp.2d 113) (August 22, 2011) (Judge Nicholas G. Garaufis)

Article • September 5, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Cell-Site-Location Records

In Re U.S., No. 10-MC-897 (NGG) (E.D.N.Y.) (809 F.Supp.2d 113) (August 22, 2011) (Judge Nicholas G. Garaufis) by This decision contains an excellent discussion by Judge Garaufis of the current state of the law relating to the Government’s increasing use of sealed applications for orders directing cell-phone service providers to …

U.S. v. Krupa, No. 09-10396 (9th Cir.) (633 F.3d 1148) (February 7, 2011) (Judge Consuelo M. Callahan)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Probable Cause

U.S. v. Krupa, No. 09-10396 (9th Cir.) (633 F.3d 1148) (February 7, 2011) (Judge Consuelo M. Callahan) by This decision is noted for Judge Berzon’s outspoken dissent in which she berated her colleagues for adopting an excessively expansive standard for finding “probable cause” to justify the issuance of a search …

U.S. v. $186,416.00 in U.S. Currency, No. 07-56549 (9th Cir.) (590 F.3d 942) (January 7, 2010) (Judge Richard R. Clifton)

Article • March 22, 2010 • from P&J March, 2010

Filed under: Punch And Jurists, Probable Cause

U.S. v. $186,416.00 in U.S. Currency, No. 07-56549 (9th Cir.) (590 F.3d 942) (January 7, 2010) (Judge Richard R. Clifton) by Here, relying on the exclusionary rule, the Court ordered the Federal Government to return $186,416 dollars that had been seized by the LAPD, stressing it was "particularly concerned" about …

U.S. v. $186,416 in U.S. Currency, No. 07-56549 (9th Cir.) (583 F.3d 1220) (October 20, 2009) (Judge Richard R. Clifton)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Probable Cause

U.S. v. $186,416 in U.S. Currency, No. 07-56549 (9th Cir.) (583 F.3d 1220) (October 20, 2009) (Judge Richard R. Clifton) by On March 15, 2005, the Los Angeles Police Department (“LAPD”) obtained a search warrant from a California State court to search the premises operated by United Medical Caregivers Clinic …

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (553 F.3d 1171) (January 30, 2009) (Per Curiam)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Probable Cause

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (553 F.3d 1171) (January 30, 2009) (Per Curiam) by Here the en banc Court affirmed - but radically toned down - a panel's prior, controversial decision regarding thermal imaging warrants by concluding that probable cause existed for the issuance of those warrants - …

U.S. v. Hodson, No. 07-5504 (6th Cir.) (543 F.3d 286) (September 19, 2008) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Inadequacy of Warrant Affidavit

U.S. v. Hodson, No. 07-5504 (6th Cir.) (543 F.3d 286) (September 19, 2008) (Judge Alice M. Batchelder) by The defendant in this interesting search and seizure case, Michael Hodson, entered a conditional guilty plea in the district court for the E.D.Ky. on charges of receiving and possessing child pornography in …

U.S. v. Valentine, No. 06-5648-cr (2nd Cir.) (539 F.3d 88) (August 5, 2008) (Judge Alan H. Nevas)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Valentine, No. 06-5648-cr (2nd Cir.) (539 F.3d 88) (August 5, 2008) (Judge Alan H. Nevas) by In a criminal proceeding in which defendant plead guilty to being a felon in possession of a firearm, denial of defendant's motion to suppress evidence seized in his apartment after his arrest …