Search | Punch and Jurists

U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum)

Article • June 1, 2001 • from P&J June, 2001

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Estrada, No. 00-2647 (7th Cir.) (256 F.3d 466) (June 22, 2001) (Judge Joel L. Flaum) by QUOTE OF THE WEEK - The search for truth - one of the casualties of the criminal justice system! "One of the basics of our jurisprudence is the search for truth, and …

U.S. v. Espinoza, No. 00-3090 (7th Cir.) (256 F.3d 718) (July 11, 2001) (Judge John L. Coffey)

Article • June 1, 2001 • from P&J June, 2001

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

U.S. v. Espinoza, No. 00-3090 (7th Cir.) (256 F.3d 718) (July 11, 2001) (Judge John L. Coffey) by United States v. Espinoza, 256 F.3d 718 (7th Cir. 2001) (Judge Coffey) United States v. Brown, 251 F.3d 286 (1st Cir. 2001) (Judge Stahl) In Richards v. Wisconsin, 520 U.S. 385 (1997), …

Ybarra v. Illinois, No. 78-5937 (U.S. Supreme Court) (444 U.S. 85; 100 S.Ct. 338) (November 28, 1979) (Justice Stewart)

Article • May 2, 2001

Filed under: Punch And Jurists, Probable/Proximate Cause

Ybarra v. Illinois, No. 78-5937 (U.S. Supreme Court) (444 U.S. 85; 100 S.Ct. 338) (November 28, 1979) (Justice Stewart) by In this case, the Supreme Court held that an Illinois statute that authorized law enforcement officers to detain and search any person found on premises being searched pursuant to a …

Arkansas v. Sullivan, No. 00-262 (U.S. Supreme Court) (532 U.S. 769; 121 S.Ct. 1876) (May 29, 2001) (Per Curiam)

Article • May 1, 2001 • from P&J May, 2001

Filed under: Punch And Jurists, Pretextual Stops

Arkansas v. Sullivan, No. 00-262 (U.S. Supreme Court) (532 U.S. 769; 121 S.Ct. 1876) (May 29, 2001) (Per Curiam) by This brief per curiam order, which received surprisingly little coverage in the press, is both important and noteworthy because of its strong affirmation of the Supreme Court’s obvious lack of …

McNeil v. Wisconsin, No. 90-5319 (U.S. Supreme Court) (501 U.S. 171; 111 S.Ct. 2204) (June 13, 1991) (Justice Scalia)

Article • April 3, 2001

Filed under: Punch And Jurists, Custodial Interrogations/Statements

McNeil v. Wisconsin, No. 90-5319 (U.S. Supreme Court) (501 U.S. 171; 111 S.Ct. 2204) (June 13, 1991) (Justice Scalia) by In this case the Court affirmed that the Sixth Amendment right to counsel is offense specific, meaning that law enforcement officials may question an indicted defendant who has invoked his …

Earls by Earls v. Bd. of Education, No. 00-6126 (10th Cir.) (242 F.3d 1264) (March 21, 2001) (Judge Stephen H. Anderson)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Special Needs Exception

Earls by Earls v. Bd. of Education, No. 00-6126 (10th Cir.) (242 F.3d 1264) (March 21, 2001) (Judge Stephen H. Anderson) by

Atwater v. Lago Vista, No. 99-1408 (U.S. Supreme Court) (532 U.S. 318; 121 S.Ct. 1536) (April 24, 2001) (Justice Souter)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Warrants

Atwater v. Lago Vista, No. 99-1408 (U.S. Supreme Court) (532 U.S. 318; 121 S.Ct. 1536) (April 24, 2001) (Justice Souter) by Here by a narrow 5 to 4 margin, the Court held that the Fourth Amendment does not forbid a warrantless arrest for minor criminal offenses - even when the …

Texas v. Cobb, No. 99-1702 (U.S. Supreme Court) (532 U.S. 162; 121 S.Ct. 1335) (April 2, 2001) (Justice Rehnquist)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Texas v. Cobb, No. 99-1702 (U.S. Supreme Court) (532 U.S. 162; 121 S.Ct. 1335) (April 2, 2001) (Justice Rehnquist) by Proving once again that the rights of criminal defendants are often determined by word games played on slippery slopes, a sharply divided Supreme Court held last week that a criminal …

Ferguson v. City of Charleston, No. 99-936 (U.S. Supreme Court) (532 U.S. 67; 121 S.Ct. 1281) (March 21, 2001) (Justice Stevens)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Special Needs Exception

Ferguson v. City of Charleston, No. 99-936 (U.S. Supreme Court) (532 U.S. 67; 121 S.Ct. 1281) (March 21, 2001) (Justice Stevens) by In 1999, a divided panel from the Fourth Circuit approved a controversial drug testing program of pregnant women in South Carolina, which required the disclosure of drug abuse …

Brown v. City of Oneonta, New York, No. 98-9375 (2nd Cir.) (235 F.3d 769) (December 18, 2000) (Judge John M. Jr. Walker)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

Brown v. City of Oneonta, New York, No. 98-9375 (2nd Cir.) (235 F.3d 769) (December 18, 2000) (Judge John M. Jr. Walker) by The five separate decisions in this case reflect how extraordinarily sensitive and explosive charges of racial profiling can be. Here those charges set off an old-fashioned judicial …

Illinois v. McArthur, No. 99-1132 (U.S. Supreme Court) (531 U.S. 326; 121 S.Ct. 946) (February 20, 2001) (Justice Breyer)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Physical Injury/Restraint

Illinois v. McArthur, No. 99-1132 (U.S. Supreme Court) (531 U.S. 326; 121 S.Ct. 946) (February 20, 2001) (Justice Breyer) by Here the Court held that the police were justified in barring the defendant from re-entering his home alone while they waited for a search warrant since they had probable cause …

U.S. v. Ryan, No. 99-3366 (10th Cir.) (236 F.3d 1268) (January 10, 2001) (Judge David M. Ebel)

Article • February 1, 2001 • from P&J February, 2001

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

U.S. v. Ryan, No. 99-3366 (10th Cir.) (236 F.3d 1268) (January 10, 2001) (Judge David M. Ebel) by Here the Court affirmed the general rule that evidence (narcotics) that were seized in violation of the defendant's Fourth Amendment rights were properly considered at sentencing in fixing the sentence on other …

U.S. v. Dunn, No. 85-998 (U.S. Supreme Court) (480 U.S. 294; 107 S.Ct. 1134) (March 3, 1987) (Justice White)

Article • January 27, 2001

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

U.S. v. Dunn, No. 85-998 (U.S. Supreme Court) (480 U.S. 294; 107 S.Ct. 1134) (March 3, 1987) (Justice White) by Here the Court held that the area near the barn is not within the curtilage of a house for 4th Amendment purposes; and it set forth four factors to be …

U.S. v. Arvizu, No. 99-10229 (9th Cir.) (232 F.3d 1241) (July 7, 2000) (Judge Stephen Reinhardt)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Arvizu, No. 99-10229 (9th Cir.) (232 F.3d 1241) (July 7, 2000) (Judge Stephen Reinhardt) by In this case, a Federal border agent, patrolling a regular vehicle checkpoint, stopped a minivan carrying two adults and three children on an unpaved road in a remote area of southern Arizona. The …

Bond v. U.S., No. 98-9349 (U.S. Supreme Court) (529 U.S. 334; 120 S.Ct. 1462) (April 17, 2000) (Justice Rehnquist)

Article • December 18, 2000 • from P&J April, 2000

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

Bond v. U.S., No. 98-9349 (U.S. Supreme Court) (529 U.S. 334; 120 S.Ct. 1462) (April 17, 2000) (Justice Rehnquist) by Here a divided Supreme Court held that a law enforcement officer's “squeezing” of soft-sided luggage stored by a passenger in an overhead luggage compartment on a bus constituted an unjustified …

Florida v. Bostick, No. 89-1717 (U.S. Supreme Court) (501 U.S. 429; 111 S.Ct. 2382) (June 20, 1991) (Justice O'Connor)

Article • December 3, 2000

Filed under: Punch And Jurists, Consensual Encounters

Florida v. Bostick, No. 89-1717 (U.S. Supreme Court) (501 U.S. 429; 111 S.Ct. 2382) (June 20, 1991) (Justice O'Connor) by In Broward County, Florida, Sheriff's Department officers regularly boarded buses during stops to ask passengers for permission to search their luggage. Terrance Bostick, a passenger, was questioned by two officers …

U.S. v. Drayton, No. 99-13814 (11th Cir.) (231 F.3d 787) (October 24, 2000) (Judge Edward E. Carnes)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Drayton, No. 99-13814 (11th Cir.) (231 F.3d 787) (October 24, 2000) (Judge Edward E. Carnes) by This is another in a series of cases involving warrantless searches of bus passengers - and the sole issue address by the court was whether the consent given by each defendant for …

U.S. v. Valentine, No. 00-1425 (3rd Cir.) (232 F.3d 350) (November 2, 2000) (Judge Robert E. Cowen)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Valentine, No. 00-1425 (3rd Cir.) (232 F.3d 350) (November 2, 2000) (Judge Robert E. Cowen) by

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott)

Article • December 1, 2000 • from P&J December, 2000

Filed under: Punch And Jurists, Informants and Paid Witnesses

Commonwealth of the Northern Mariana Islands v. Bowie, No. 99-10552 (9th Cir.) (243 F.3d 1109) (January 10, 2001) (Judge Stephen S. Trott) by "Never has it been more true than it is now that a criminal charged with a serious crime understands that a fast and easy way out of …

U.S. v. Cantu, No. 99-41151 (5th Cir.) (230 F.3d 148) (October 6, 2000) (Judge Robert M. Parker)

Article • November 1, 2000 • from P&J November, 2000

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

U.S. v. Cantu, No. 99-41151 (5th Cir.) (230 F.3d 148) (October 6, 2000) (Judge Robert M. Parker) by