Search | Punch and Jurists

U.S. v. Chavez-Valenzuela, No. 00-50075 (9th Cir.) (279 F.3d 897) (October 15, 2001) (Judge Raymond C. Fisher)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Chavez-Valenzuela, No. 00-50075 (9th Cir.) (279 F.3d 897) (October 15, 2001) (Judge Raymond C. Fisher) by

U.S. v. Hernandez, No. 00-20682 (5th Cir.) (279 F.3d 302) (January 11, 2002) (Judge Harold R. Jr. DeMoss)

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

Filed under: Punch And Jurists, Consent

U.S. v. Hernandez, No. 00-20682 (5th Cir.) (279 F.3d 302) (January 11, 2002) (Judge Harold R. Jr. DeMoss) by In this case, although the defendant had consented to the search of her luggage, the court found that an officer first had improperly searched the luggage by manipulating it. Thus, the …

U.S. v. Molina-Tarazon, No. 00-50171 (9th Cir.) (279 F.3d 709) (January 29, 2002) (Judge Alex Kozinski)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Molina-Tarazon, No. 00-50171 (9th Cir.) (279 F.3d 709) (January 29, 2002) (Judge Alex Kozinski) by After he entered a conditional guilty plea to violating 21 U.S.C.S. §§ 841(a)(1), 951, and 960, defendant challenged a suppression ruling of the United States District Court for the Southern District of California …

U.S. v. Martinez-Fuerte, No. 74-1560 (U.S. Supreme Court) (428 U.S. 543; 96 S.Ct. 3074) (July 6, 1976) (Justice Powell)

Article • February 21, 2002

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Martinez-Fuerte, No. 74-1560 (U.S. Supreme Court) (428 U.S. 543; 96 S.Ct. 3074) (July 6, 1976) (Justice Powell) by Here the Court held that the Border Patrol's routine stopping of a vehicle at a permanent checkpoint located on a major highway away from the Mexican border for brief questioning …

Gerstein v. Pugh, No. 73-477 (U.S. Supreme Court) (420 U.S. 103; 95 S.Ct. 854) (February 18, 1975) (Justice Powell)

Article • February 6, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

Gerstein v. Pugh, No. 73-477 (U.S. Supreme Court) (420 U.S. 103; 95 S.Ct. 854) (February 18, 1975) (Justice Powell) by The defendants in this case were arrested pursuant to a prosecutor's information. Under applicable Florida rules and statutes, prosecutors could charge noncapital offenses by information without a preliminary hearing or …

U.S. v. Reyes, No. 01-1099 (2nd Cir.) (283 F.3d 446) (March 7, 2002) (Judge Jose A. Cabranes)

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

Filed under: Punch And Jurists, Stalking Horse

U.S. v. Reyes, No. 01-1099 (2nd Cir.) (283 F.3d 446) (March 7, 2002) (Judge Jose A. Cabranes) by In this case, the Second Circuit held that a parolee cannot win a motion for the suppression of drugs seized from his property by claiming that his probation officer had improperly colluded …

U.S. v. Childs, No. 00-3111 (7th Cir.) (277 F.3d 947) (January 18, 2002) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Childs, No. 00-3111 (7th Cir.) (277 F.3d 947) (January 18, 2002) (Judge Frank H. Easterbrook) by Here a divided court held that questioning during the course of lawful custody need not be related to the reason for that custody so long as the questions do not otherwise make …

U.S. v. Perkins, No. P-00-CR-270 (W.D.Tex.) (177 F.Supp.2d 570) (December 18, 2001) (Judge W. Royal Furgeson)

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

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Perkins, No. P-00-CR-270 (W.D.Tex.) (177 F.Supp.2d 570) (December 18, 2001) (Judge W. Royal Furgeson) by We can just imagine the pressure that was exerted on Judge Furgeson in this case. In September, 2001, he committed major heresy not only by ruling that U.S. Border Patrol agents have limited …

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland) by United States v. Bookhardt, 277 F.3d 558 (D.C. Cir. 2002) (Judge Garland) United States v. Childs, 277 F.3d 947 (7th Cir. 2002) (En Banc) (Judge Easterbrook) The holdings in both of these …

U.S. v. Ramirez, No. 96-1469 (U.S. Supreme Court) (523 U.S. 65; 118 S.Ct. 992) (March 4, 1998) (Justice Rehnquist)

Article • January 11, 2002

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

U.S. v. Ramirez, No. 96-1469 (U.S. Supreme Court) (523 U.S. 65; 118 S.Ct. 992) (March 4, 1998) (Justice Rehnquist) by ATF agents obtained a no-knock warrant for Ramirez's residence, to look for a fugitive. The fugitive was not found, but a firearm was found in the possession of Ramirez, who …

Larson v. U.S., No. 00-2455 (1st Cir.) (274 F.3d 643) (December 27, 2001) (Per Curiam)

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

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

Larson v. U.S., No. 00-2455 (1st Cir.) (274 F.3d 643) (December 27, 2001) (Per Curiam) by This case is noted principally as a reminder that the forfeiture laws now require the Government to pay interest on funds which it seizes from a claimant pursuant to a forfeiture proceeding, but which …

U.S. v. Pacheco, No. 95 Crim 619 LAK (S.D.N.Y.) (175 F.Supp.2d 541) (May 1, 2001) (Judge Lewis A. Kaplan)

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

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

U.S. v. Pacheco, No. 95 Crim 619 LAK (S.D.N.Y.) (175 F.Supp.2d 541) (May 1, 2001) (Judge Lewis A. Kaplan) by Here the Court slammed the Government for giving a non-responsive answer to his order that it return to a defendant a passport and personal identification papers that were seized at …

U.S. v. DeLuca, No. 00-1442 (10th Cir.) (269 F.3d 1128) (October 25, 2001) (Judge Paul J. Jr. Kelly)