Search | Punch and Jurists

U.S. v. Reid, No. CR.A. 02-10013-WGY (D.Mass.) (206 F.Supp.2d 132) (June 11, 2002) (Judge William G. Young)

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

Filed under: Punch And Jurists, USA Patriot Act

U.S. v. Reid, No. CR.A. 02-10013-WGY (D.Mass.) (206 F.Supp.2d 132) (June 11, 2002) (Judge William G. Young) by The defendant in this case, Richard Reid, was accused of attempting to detonate an explosive device in his shoe while aboard an international flight from Paris to Miami that was diverted to …

Mantilla v. U.S., No. 99-5923 (3rd Cir.) (302 F.3d 182) (September 3, 2002) (Judge Thomas L. Ambro)

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

Filed under: Punch And Jurists, Return/Retention of Property

Mantilla v. U.S., No. 99-5923 (3rd Cir.) (302 F.3d 182) (September 3, 2002) (Judge Thomas L. Ambro) by The appellant in this case, Eduardo Mantilla, was convicted in 1992 of three counts of conspiring to import, possess and distribute large quantities of drugs in violation of 21 U.S.C. §§ 846 …

California v. Carney, No. 83-859 (U.S. Supreme Court) (471 U.S. 386; 105 S.Ct. 2066) (May 13, 1985) (Justice Burger)

Article • July 29, 2002

Filed under: Punch And Jurists, Searches - Automobile

California v. Carney, No. 83-859 (U.S. Supreme Court) (471 U.S. 386; 105 S.Ct. 2066) (May 13, 1985) (Justice Burger) by Here the Court held that the automobile exception to the warrant requirement applies even to motor homes, parked in a public place, pm the theory that it possessed the elements …

U.S. v. Dionisio, No. 71-229 (U.S. Supreme Court) (410 U.S. 1; 93 S.Ct. 764) (January 22, 1973) (Justice Stewart)

Article • July 14, 2002

Filed under: Punch And Jurists, Seizure

U.S. v. Dionisio, No. 71-229 (U.S. Supreme Court) (410 U.S. 1; 93 S.Ct. 764) (January 22, 1973) (Justice Stewart) by Here the Court held that a grand jury subpoena is not a "seizure" within the meaning of the Fourth Amendment and that a grand jury directive compelling production of "physical …

Vernonia School Dist. 47J v. Acton, No. 94-590 (U.S. Supreme Court) (515 U.S. 646; 115 S.Ct. 2386) (June 26, 1995) (Justice Scalia)

Article • July 2, 2002

Filed under: Punch And Jurists, Special Needs Exception

Vernonia School Dist. 47J v. Acton, No. 94-590 (U.S. Supreme Court) (515 U.S. 646; 115 S.Ct. 2386) (June 26, 1995) (Justice Scalia) by In this case the petitioner school district required student athletes to submit to drug testing, for which the student's parents had to sign consent forms. Respondents, a …

U.S. v. Muggins, No. 00-6708 (6th Cir.) (302 F.3d 284) (August 16, 2002) (Judge Eric L. Clay)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Muggins, No. 00-6708 (6th Cir.) (302 F.3d 284) (August 16, 2002) (Judge Eric L. Clay) by Here the Court affirmed the validity, both generally and under the facts of this case, of an anticipatory search warrant which was to be triggered upon the delivery of a package to …

U.S. v. Huggins, No. 01-30065 (9th Cir.) (299 F.3d 1039) (August 6, 2002) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Huggins, No. 01-30065 (9th Cir.) (299 F.3d 1039) (August 6, 2002) (Judge Diarmuid F. O'Scannlain) by Here the Court held that the Fourth Amendment does not compel the suppression of a series of searches set in motion by an application to scan a private residence and its outbuildings …

Immigration and Naturalization Service v. Delgado, No. 82-1271 (U.S. Supreme Court) (466 U.S. 210; 104 S.Ct. 1758) (April 17, 1984) (Justice Rehnquist)

Article • June 19, 2002

Filed under: Punch And Jurists, Seizure

Immigration and Naturalization Service v. Delgado, No. 82-1271 (U.S. Supreme Court) (466 U.S. 210; 104 S.Ct. 1758) (April 17, 1984) (Justice Rehnquist) by As part of its ongoing efforts to enforce the immigration laws, the Immigration and Naturalization Service (INS) conducted "surveys" of those workplaces that it had reason to …

Board of Education v. Earls, No. 01-332 (U.S. Supreme Court) (536 U.S. 822; 122 S.Ct. 2559) (June 27, 2002) (Justice Thomas)

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

Filed under: Punch And Jurists, Special Needs Exception

Board of Education v. Earls, No. 01-332 (U.S. Supreme Court) (536 U.S. 822; 122 S.Ct. 2559) (June 27, 2002) (Justice Thomas) by In this case, by a vote of 5-to-4, the Supreme Court upheld the validity of a suspicionless drug testing policy enacted by a School Board in rural Oklahoma …

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

Kirk v. Louisiana, No. 01-8419 (U.S. Supreme Court) (536 U.S. 635; 122 S.Ct. 2458) (June 24, 2002) (Per Curiam)

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

Filed under: Punch And Jurists, Searches - Home/Curtilage

Kirk v. Louisiana, No. 01-8419 (U.S. Supreme Court) (536 U.S. 635; 122 S.Ct. 2458) (June 24, 2002) (Per Curiam) by In an era when exceptions and inroads to the sanctity of the Fourth Amendment’s protections have become commonplace, this brief per curiam order shows that the Supreme Court at least …

U.S. v. Place, No. 81-1617 (U.S. Supreme Court) (462 U.S. 696; 103 S.Ct. 2637) (June 20, 1983) (Justice O'Connor)

Article • May 6, 2002

Filed under: Punch And Jurists, Searches - Containers/Luggage

U.S. v. Place, No. 81-1617 (U.S. Supreme Court) (462 U.S. 696; 103 S.Ct. 2637) (June 20, 1983) (Justice O'Connor) by Here the Court held that a citizen has no legitimate exoextation to be free from having his luggage subjected to a "canine sniff" by a nartoctics detection dog since it …

Segura v. U.S., No. 82-5298 (U.S. Supreme Court) (468 U.S. 796; 104 S.Ct. 3380) (July 5, 1984) (Justice Burger)

Article • May 6, 2002

Filed under: Punch And Jurists, Independent Source Doctrine

Segura v. U.S., No. 82-5298 (U.S. Supreme Court) (468 U.S. 796; 104 S.Ct. 3380) (July 5, 1984) (Justice Burger) by Here the Court held that because a second search pursuant to a warrant was undertaken independent of an initial illegal search, evidence resulting from the latter search was admissible despite …

Toolasprashad v. Bureau of Prisons, No. 00-5425 (D.C. Cir.) (286 F.3d 576) (April 19, 2002) (Judge David S. Tatel)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Toolasprashad v. Bureau of Prisons, No. 00-5425 (D.C. Cir.) (286 F.3d 576) (April 19, 2002) (Judge David S. Tatel) by This case is noted principally for its strong endorsement of the use of the Privacy Act (5 U.S.C. § 552a) as a tool for combating retaliatory transfers and reclassifications or …

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (285 F.3d 1117) (April 12, 2002) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (285 F.3d 1117) (April 12, 2002) (Judge A. Wallace Tashima) by The defendant in this case pled guilty to transporting illegal aliens, but he reserved the right to appeal the denial of his motion to suppress evidence obtained as a result of an …

Fattahi v. Bureau of Alcohol, Tobacco & Firearms, No. CIV.A. 01-1094-A (E.D.Va.) (195 F.Supp.2d 745) (April 2, 2002) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Fattahi v. Bureau of Alcohol, Tobacco & Firearms, No. CIV.A. 01-1094-A (E.D.Va.) (195 F.Supp.2d 745) (April 2, 2002) (Judge Thomas Selby III Ellis) by Here the Court declined to reconsider it decision reported at 186 F.Supp.2d 656, which held that the ATF had not violated the petitioner's rights under the …

U.S. v. Weaver, No. 00-4754 (4th Cir.) (282 F.3d 302) (February 28, 2002) (Judge Frank J. Magill)

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

Filed under: Punch And Jurists, Seizure

U.S. v. Weaver, No. 00-4754 (4th Cir.) (282 F.3d 302) (February 28, 2002) (Judge Frank J. Magill) by In this case, a police officer approached and questioned a bank robbery suspect who was waiting for a bus in suburban Virginia. The man, Otis L. Weaver Jr., gave the officer his …

U.S. v. Banks, No. 00-10439 (9th Cir.) (282 F.3d 699) (March 5, 2002) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Searches - Knock and Announce

U.S. v. Banks, No. 00-10439 (9th Cir.) (282 F.3d 699) (March 5, 2002) (Judge Henry A. Politz) by On July 15th, 1998, Las Vegas police officers executed a warrant to search the apartment of suspected drug dealer Lashawn Banks. The officers followed knock and announce procedure, and after waiting 15 …

U.S. v. Sterling, No. 01-4264 (4th Cir.) (283 F.3d 216) (March 8, 2002) (Judge H. Emory Jr. Widener)

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

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

U.S. v. Sterling, No. 01-4264 (4th Cir.) (283 F.3d 216) (March 8, 2002) (Judge H. Emory Jr. Widener) by The defendant appealed his jury trial conviction of two counts of being a felon in possession of a firearm. He alleged, inter alia, that the District Court erred in refusing to …

Fattahi v. Bureau of of Alcohol, Tobacco & Firearms, No. CIV.A.01-1094-A (E.D.Va.) (186 F.Supp.2d 656) (February 26, 2002) (Judge Thomas Selby III Ellis)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Fattahi v. Bureau of of Alcohol, Tobacco & Firearms, No. CIV.A.01-1094-A (E.D.Va.) (186 F.Supp.2d 656) (February 26, 2002) (Judge Thomas Selby III Ellis) by This case is moted for its discussion of the Privacy Act, and particularly how two of the 13 exceptions to that Act (the "consent" and "routine …