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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, Consensual Encounters
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 In this case, the Ninth Circuit reversed the defendant's conviction for possession of stolen mail in violation of 18 U.S.C. § 1708, on the grounds that the postal inspector had …
Soldal v. Cook County, No. 91-6516 (U.S. Supreme Court) (506 U.S. 56; 113 S.Ct. 538) (December 8, 1992) (Justice White)
Article • November 1, 2002
Filed under: Punch And Jurists, Seizure
Soldal v. Cook County, No. 91-6516 (U.S. Supreme Court) (506 U.S. 56; 113 S.Ct. 538) (December 8, 1992) (Justice White) by In this case mobile home park owners had begun civil proceedings to evict petitioner's trailer from the mobile home park, but forcibly evicted the trailer before obtaining a court …
U.S. v. Triumph Capital Group, Inc., No. 3:00CR217 (EBB) (D.Conn.) (2002 U.S. Dist. LEXIS 21615) (November 4, 2002) (Judge Alan H. Nevas)
Article • November 1, 2002 • from P&J November, 2002
Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet
U.S. v. Triumph Capital Group, Inc., No. 3:00CR217 (EBB) (D.Conn.) (2002 U.S. Dist. LEXIS 21615) (November 4, 2002) (Judge Alan H. Nevas) by This is the first case we have seen that offers a detailed analysis of the Fourth Amendment implications of Government searches of seized computers - a topic …
Wyman v. James, No. 69 (U.S. Supreme Court) (400 U.S. 309; 91 S.Ct. 381) (January 12, 1971) (Justice Blackmun)
Article • October 29, 2002
Filed under: Punch And Jurists, Privacy Act/Rights
Wyman v. James, No. 69 (U.S. Supreme Court) (400 U.S. 309; 91 S.Ct. 381) (January 12, 1971) (Justice Blackmun) by This case involved an action brought by a welfare recipien, Barbara James, who claimed that requiring her to submit to home visits by caseworkers as a condition of receiving benefits …
Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan)
Article • October 17, 2002
Filed under: Punch And Jurists, Fruit of the Poisonous Tree
Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan) by Here the Court held that there was no probable cause for an arrest, based on "a vague suspicion" that the police attempted to transform into probable cause by reason …
Hudson v. Palmer, No. 82-1630 (U.S. Supreme Court) (468 U.S. 517; 104 S.Ct. 3194) (July 3, 1984) (Justice Burger)
Article • October 14, 2002
Filed under: Punch And Jurists, Privacy Act/Rights
Hudson v. Palmer, No. 82-1630 (U.S. Supreme Court) (468 U.S. 517; 104 S.Ct. 3194) (July 3, 1984) (Justice Burger) by In this case, an imnate brought a § 1983 action challenging a "shakedown" search of his prison cell; the inmate alleged that the search was conducted solely to harass him …
Arizona v. Roberson, No. 87-354 (U.S. Supreme Court) (486 U.S. 675; 108 S.Ct. 2093) (June 15, 1988) (Justice Stevens)
Article • October 14, 2002
Filed under: Punch And Jurists, Custodial Interrogations/Statements
Arizona v. Roberson, No. 87-354 (U.S. Supreme Court) (486 U.S. 675; 108 S.Ct. 2093) (June 15, 1988) (Justice Stevens) by In a case that established a "new rule of constitional law", the Court held that the Edwards rule (Edwards v. Arizona, 451 U.S. 477 (1981)) is not offense specific. Thus, …
In Re Sealed Case No. 02-001, No. 02-001 (F.I.S.C.R.) (310 F.3d 717) (November 18, 2002) (Per Curiam)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Electronic Surveillance
In Re Sealed Case No. 02-001, No. 02-001 (F.I.S.C.R.) (310 F.3d 717) (November 18, 2002) (Per Curiam) by Here the secret Foreign Intelligence Surveillance Court of Review reversed a lower court decision and held that the Government has broad powers to conduct surveillance of suspected terrorists, stating the procedures "come …
Marchwinski v. Howard, No. 00-2115 (6th Cir.) (309 F.3d 330) (October 18, 2002) (Judge Alice M. Batchelder)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Special Needs Exception
Marchwinski v. Howard, No. 00-2115 (6th Cir.) (309 F.3d 330) (October 18, 2002) (Judge Alice M. Batchelder) by In this case of first impression, the Sixth Circuit upheld the right of the State of Michigan to conduct random, suspicionless drug testing of welfare recipients as the price of receiving benefits. …
U.S. v. Gandara-Salinas, No. CR. 01-1652-MV (D.N.M.) (215 F.Supp.2d 1207) (July 26, 2002) (Judge Martha Vazquez)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Gandara-Salinas, No. CR. 01-1652-MV (D.N.M.) (215 F.Supp.2d 1207) (July 26, 2002) (Judge Martha Vazquez) by Here the Court granted a motion to suppress evidence on the grounds that the border patrol agent who stopped the defendant's truck had nothing but an "inchoate and unparticularized suspicion or hunch" arising …
U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (309 F.3d 545) (October 24, 2002) (Per Curiam)
Article • October 1, 2002 • from P&J October, 2002
Filed under: Punch And Jurists, Probable/Proximate Cause
U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (309 F.3d 545) (October 24, 2002) (Per Curiam) by This case is noted principally for the intensity of the dissent’s emotional and highly vitriolic response to the decision of a majority of the Ninth Circuit judges not to grant an en banc rehearing …
Whiteley v. Warden, No. 136 (U.S. Supreme Court) (401 U.S. 560; 91 S.Ct. 1031) (March 29, 1971) (Justice Harlan)
Article • September 8, 2002
Filed under: Punch And Jurists, Probable/Proximate Cause
Whiteley v. Warden, No. 136 (U.S. Supreme Court) (401 U.S. 560; 91 S.Ct. 1031) (March 29, 1971) (Justice Harlan) by As explained by the Court, the facts and circumstances of this case were as follows: "On November 23, 1964, certain business establishments in Saratoga were broken into, including the Rustic …
U.S. v. Mercado, No. 01-10507 (10th Cir.) (307 F.3d 1226) (October 4, 2002) (Judge Monroe G. McKay)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Searches - Automobile
U.S. v. Mercado, No. 01-10507 (10th Cir.) (307 F.3d 1226) (October 4, 2002) (Judge Monroe G. McKay) by In Florida v. White, 526 U.S. 559 (1999), a bitterly divided Supreme Court established what has become known as the “automobile exception” to the Fourth Amendment’s warrant requirement. In that case, the …
Torbet v. United Airlines, Inc., No. 01-55319 (9th Cir.) (298 F.3d 1087) (August 7, 2002) (Judge Jerome Farris)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Searches - Containers/Luggage
Torbet v. United Airlines, Inc., No. 01-55319 (9th Cir.) (298 F.3d 1087) (August 7, 2002) (Judge Jerome Farris) by This case is noted for its review of the current law on whether the Fourth Amendment permits random searches of carry-on bags that have already passed through an x-ray scan without …
Andersen v. U.S., No. 01-56900 (9th Cir.) (298 F.3d 804) (July 30, 2002) (Judge Susan P. Graber)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Return/Retention of Property
Andersen v. U.S., No. 01-56900 (9th Cir.) (298 F.3d 804) (July 30, 2002) (Judge Susan P. Graber) by Here the Court refused to overrule the district court's refusal to grant a preliminary injunction requiring the Government to return the list of names of the members of plaintiff's tax protester organization …
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. Martin, No. 01-15691 (11th Cir.) (297 F.3d 1308) (July 18, 2002) (Judge Charles R. Wilson)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Good Faith Exception
U.S. v. Martin, No. 01-15691 (11th Cir.) (297 F.3d 1308) (July 18, 2002) (Judge Charles R. Wilson) by This case is noted principally for its concise explanation of the four generally recognized exceptions to the good faith rule established by the Supreme Court in U.S. v. Leon, 468 U.S. 897 …
U.S. v. Yousif, No. 01-2288 (8th Cir.) (308 F.3d 820) (October 7, 2002) (Judge Theodore McMillian)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Consensual Encounters
U.S. v. Yousif, No. 01-2288 (8th Cir.) (308 F.3d 820) (October 7, 2002) (Judge Theodore McMillian) by This is an important Fourth Amendment decision in which a drug conviction was vacated on the grounds that the defendant’s consent to search his car, which was given at an illegal drug interdiction …
U.S. v. Haqq, No. 00 Cr. 278(NRB) (S.D.N.Y.) (213 F.Supp.2d 383) (July 31, 2002) (Judge Naomi Reice Buchwald)
Article • September 1, 2002 • from P&J September, 2002
Filed under: Punch And Jurists, Privacy Act/Rights
U.S. v. Haqq, No. 00 Cr. 278(NRB) (S.D.N.Y.) (213 F.Supp.2d 383) (July 31, 2002) (Judge Naomi Reice Buchwald) by Here, on remand, Judge Bushwald again granted a suppression motion, after responding to the 2nd Circuit's direction that it determine specifically whether the defendant had a pivacy interest in a suitcase …
U.S. v. Faulkingham, No. 01-2276 (1st Cir.) (295 F.3d 85) (July 9, 2002) (Judge Sandra L. Lynch)
Article • August 1, 2002 • from P&J August, 2002
Filed under: Punch And Jurists, Fruit of the Poisonous Tree
U.S. v. Faulkingham, No. 01-2276 (1st Cir.) (295 F.3d 85) (July 9, 2002) (Judge Sandra L. Lynch) by In this case, the defendant was indicted for violating 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C.S. § 2. He moved to suppress unwarned statements made to drug enforcement agents while in …
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