Search | Punch and Jurists

U.S. v. Cranley, No. 02-CR-222 (E.D.Wisc.) (250 F.Supp.2d 1037) (March 10, 2003) (Judge Lynn S. Adelman)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Cranley, No. 02-CR-222 (E.D.Wisc.) (250 F.Supp.2d 1037) (March 10, 2003) (Judge Lynn S. Adelman) by Defendant was charged with firearms violations. Defendant moved to suppress, pursuant to Miranda, inculpatory statements he made to an agent of the Bureau of Alcohol, Tobacco, and Firearms (ATF) after his probation officer …

U.S. v. Gould, No. 02-30629 (5th Cir.) (326 F.3d 651) (March 28, 2003) (Judge Will L. Garwood)

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

Filed under: Punch And Jurists, Searches - Protective Sweep

U.S. v. Gould, No. 02-30629 (5th Cir.) (326 F.3d 651) (March 28, 2003) (Judge Will L. Garwood) by The Government appealed an order of the United States District Court for the Middle District of Louisiana, which granted defendant's motion to suppress. The Government argued that the items found in a …

U.S. v. Corona-Chavez, No. 02-2647 (8th Cir.) (328 F.3d 974) (May 15, 2003) (Judge John R. Gibson)

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

Filed under: Punch And Jurists, Stalking Horse

U.S. v. Corona-Chavez, No. 02-2647 (8th Cir.) (328 F.3d 974) (May 15, 2003) (Judge John R. Gibson) by This case is noted as another example of what appears to be a growing law enforcement tactic: the use of confidential informants as stalking horses to obviate the need to comply with …

U.S. v. Thornton, No. 02-4382 (4th Cir.) (325 F.3d 189) (April 3, 2003) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Thornton, No. 02-4382 (4th Cir.) (325 F.3d 189) (April 3, 2003) (Judge Diana Gribbon Motz) by The issue before the Court in this case was whether police officers can legally search an arrestee’s automobile as part of a valid search incident to arrest when the arrestee was not …

U.S. v. White, No. 13 (U.S. Supreme Court) (401 U.S. 745; 91 S.Ct. 1122) (April 5, 1971) (Justice White)

Article • April 23, 2003

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. White, No. 13 (U.S. Supreme Court) (401 U.S. 745; 91 S.Ct. 1122) (April 5, 1971) (Justice White) by The issue presented in this case was whether the Fourth Amendment bars from evidence the testimony of governmental agents who related certain conversations which had occurred between defendant White and …

U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Dawson, No. 02 CR 688 (N.D.Ill.) (243 F.Supp.2d 780) (February 3, 2003) (Judge Elaine E. Bucklo) by The defendant in this case was charged with “attempt and conspiracy to distribute a controlled substance.” He filed a number of pretrial motions, including a motion to compel for the Government …

Haley v. Ohio, No. 51 (U.S. Supreme Court) (332 U.S. 596; 68 S.Ct. 302) (January 12, 2048) (Justice Douglas)

Article • March 9, 2003

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Haley v. Ohio, No. 51 (U.S. Supreme Court) (332 U.S. 596; 68 S.Ct. 302) (January 12, 2048) (Justice Douglas) by Here the Court held that juvenile defendants are generally more susceptible to police coercion than adults;and as such due process requires that juvenile status be taken into account when determining …

Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren)

Article • March 4, 2003

Filed under: Punch And Jurists, Informants and Paid Witnesses

Washington v. Texas, No. 649 (U.S. Supreme Court) (388 U.S. 14; 87 S.Ct. 1920) (June 12, 2067) (Justice Warren) by Court was critical of the reliability of accused accomplices, arguing that they often have an even greater incentive to lie in favor of the prosecution than against it. The case …

U.S. v. Crawford, No. 01-50633 (9th Cir.) (323 F.3d 700) (March 5, 2003) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Crawford, No. 01-50633 (9th Cir.) (323 F.3d 700) (March 5, 2003) (Judge Stephen Reinhardt) by The gloves really came off in this case as judges with dramatically different political and philosophical views battled over whether parolees have any rights under the Fourth Amendment to object to suspicionless searches …

U.S. v. Perez, No. 02 CR. 854 (DC) (S.D.N.Y.) (247 F.Supp.2d 459) (March 5, 2003) (Judge Denny Chin)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Perez, No. 02 CR. 854 (DC) (S.D.N.Y.) (247 F.Supp.2d 459) (March 5, 2003) (Judge Denny Chin) by Here the Court granted a suppression motion after finding that FBI agents had acted with “reckless disregard for the truth” in preparing warrant affidavits that were used in a nationwide operation …

U.S. v. Strauser, No. 4:02CR82 CDP (E.D.Mo.) (247 F.Supp.2d 1135) (March 6, 2003) (Judge Catherine D. Perry)

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

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Strauser, No. 4:02CR82 CDP (E.D.Mo.) (247 F.Supp.2d 1135) (March 6, 2003) (Judge Catherine D. Perry) by U.S. v. Perez, 247 F.Supp.2d 459 (S.D.N.Y. 2003) (Judge Chin) U.S. v. Strauser, 247 F.Supp.2d 1135 (E.D.Mo. 2003) (Judge Perry) One of the keynotes of the John Ashcroft-era prosecutions has been the …

Preston v. U.S., No. 163 (U.S. Supreme Court) (376 U.S. 364; 84 S.Ct. 881) (March 23, 2064) (Justice Black)

Article • January 27, 2003

Filed under: Punch And Jurists, Searches - Incident to Arrest

Preston v. U.S., No. 163 (U.S. Supreme Court) (376 U.S. 364; 84 S.Ct. 881) (March 23, 2064) (Justice Black) by The petitioner in this case was convicted of conspiracy to rob a federally insured bank in violation of 18 U.S.C.S. § 2113. The conviction was based largely on evidence obtained …

Horton v. California, No. 88-7164 (U.S. Supreme Court) (496 U.S. 128; 110 S.Ct. 2301) (June 4, 1990) (Justice Stevens)

Article • December 29, 2002

Filed under: Punch And Jurists, Searches - Plain View

Horton v. California, No. 88-7164 (U.S. Supreme Court) (496 U.S. 128; 110 S.Ct. 2301) (June 4, 1990) (Justice Stevens) by The petitioner in this case was convicted of the armed robbery of the treasurer of a coin club following denial of his motion to suppress weapons seized by police from …

Coolidge v. New Hampshire, No. 323 (U.S. Supreme Court) (403 U.S. 443; 91 S.Ct. 2022) (June 21, 1971) (Justice Stewart)

Article • December 29, 2002

Filed under: Punch And Jurists, Searches - Plain View

Coolidge v. New Hampshire, No. 323 (U.S. Supreme Court) (403 U.S. 443; 91 S.Ct. 2022) (June 21, 1971) (Justice Stewart) by The petitioner in this case, Edward Coolidge, appealed the judgment of the lower court affirming the admittance of certain evidence against him at trial, causing him to be sentenced …

Arizona v. Hicks, No. 85-1027 (U.S. Supreme Court) (480 U.S. 321; 107 S.Ct. 1149) (March 3, 1987) (Justice Scalia)

Article • December 27, 2002

Filed under: Punch And Jurists, Searches - Plain View

Arizona v. Hicks, No. 85-1027 (U.S. Supreme Court) (480 U.S. 321; 107 S.Ct. 1149) (March 3, 1987) (Justice Scalia) by The facts of this case were as follows: After a bullet was fired through the floor of the defendant's apartment into the apartment below, police officers entered defendant's apartment (without …

Steagold v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall)

Article • December 12, 2002

Filed under: Punch And Jurists, Searches - Incident to Arrest

Steagold v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall) by In this case, police officers entered Steagald's residence without a search warrant, consent, or exigent circumstances to serve an arrest warrant on Ricky Lyons. Lyons was not in Steagald's residence. …

Ornelas v. U.S., No. 95-5257 (U.S. Supreme Court) (517 U.S. 690; 116 S.Ct. 1657) (May 28, 1996) (Justice Rehnquist)

Article • December 3, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

Ornelas v. U.S., No. 95-5257 (U.S. Supreme Court) (517 U.S. 690; 116 S.Ct. 1657) (May 28, 1996) (Justice Rehnquist) by In this case, the defendants were stopped because of alleged resemblance with drug courier profiles. Additionally, their names appeared on a national law enforcement list of persons suspected of drug …

U.S. v. Bach, No. 02-1238 (8th Cir.) (310 F.3d 1063) (November 18, 2002) (Judge C. Arlen Beam)

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

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Bach, No. 02-1238 (8th Cir.) (310 F.3d 1063) (November 18, 2002) (Judge C. Arlen Beam) by The district court erred in suppressing e-mails seized by Yahoo! technicians from the company's California-based servers because even though the search violated the provisions of 18 USC § 3105, the search was …

National Treasury Employees Union v. Von Raab, No. 86-1879 (U.S. Supreme Court) (489 U.S. 656; 109 S.Ct. 1384) (March 21, 1989) (Justice Kennedy)

Article • November 24, 2002

Filed under: Punch And Jurists, Special Needs Exception

National Treasury Employees Union v. Von Raab, No. 86-1879 (U.S. Supreme Court) (489 U.S. 656; 109 S.Ct. 1384) (March 21, 1989) (Justice Kennedy) by Here the Court upheld a drug-testing program of the Custom's service that required urinalysis tests of certain employees seeking promotion on the grounds of a "compelling …

U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White)

Article • November 6, 2002

Filed under: Punch And Jurists, Warrants

U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White) by Here, over the dissent of Justice Marshall, the Court held that that a warrant is not necessary for a police officer to make an arrest in a public place, so …