Search | Punch and Jurists

U.S. v. Minor, No. 99-6047 (4th Cir.) (228 F.3d 352) (September 13, 2000) (Judge Diana Gribbon Motz)

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

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

U.S. v. Minor, No. 99-6047 (4th Cir.) (228 F.3d 352) (September 13, 2000) (Judge Diana Gribbon Motz) by Here reversing the dismissal of an action for the return of property for which the Government never gave adequate notice of forfeiture, the Court held that the statute of limitations begins to …

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (223 F.3d 281) (August 10, 2000) (Judge Will L. Garwood)

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

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

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (223 F.3d 281) (August 10, 2000) (Judge Will L. Garwood) by This citation contains Judge Wiener's astonishingly blunt dissent in a case involving a drug search, where he castigated his confreres for creating a hypocrisy of judicial standards that can be molded to …

U.S. v. Jones, No. 99-6398 (4th Cir.) (225 F.3d 468) (September 13, 2000) (Judge William W. Jr. Wilkins)

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

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

U.S. v. Jones, No. 99-6398 (4th Cir.) (225 F.3d 468) (September 13, 2000) (Judge William W. Jr. Wilkins) by Here the Court joined the rule adopted by the 3rd and 5th Circuits that a district court lacks jurisdiction to order damages on a motion for return of destroyed property pursuant …

U.S. v. Basinski, No. 99-3933 (7th Cir.) (226 F.3d 829) (September 5, 2000) (Judge Daniel A. Manion)

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

Filed under: Punch And Jurists, Abandoned Property

U.S. v. Basinski, No. 99-3933 (7th Cir.) (226 F.3d 829) (September 5, 2000) (Judge Daniel A. Manion) by Here the Court held that a defendant did not abandon his briefcase when he gave it to a friend with instructions to destroy it, in a decision that is noted for its …

Marchwinski v. Howard, No. 99-10393 (E.D.Mich.) (113 F.Supp.2d 1134) (September 1, 2000) (Judge Victoria A. Roberts)

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

Filed under: Punch And Jurists, Special Needs Exception

Marchwinski v. Howard, No. 99-10393 (E.D.Mich.) (113 F.Supp.2d 1134) (September 1, 2000) (Judge Victoria A. Roberts) by Here the Court granted a preliminary injunction against the enforcement of a Michigan statute that required welfare recipients to submit to random, suspicionless drug testing to qualify for benefits because the state failed …

Whalen v. Roe, No. 75-839 (U.S. Supreme Court) (429 U.S. 589; 97 S.Ct. 869) (February 22, 1977) (Justice Stevens)

Article • September 12, 2000

Filed under: Punch And Jurists, Privacy Act/Rights

Whalen v. Roe, No. 75-839 (U.S. Supreme Court) (429 U.S. 589; 97 S.Ct. 869) (February 22, 1977) (Justice Stevens) by Here the Court identified two legal principles arising from the 14th Amendment's right of privacy: the first protects the individual's right to make certain personal choices; and the second protects …

U.S. v. Baker, No. 97-1977 (3rd Cir.) (221 F.3d 438) (August 7, 2000) (Judge Edward R. Becker)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Baker, No. 97-1977 (3rd Cir.) (221 F.3d 438) (August 7, 2000) (Judge Edward R. Becker) by While the Court’s holding in this case rested largely on Pennsylvania law, it dealt with an important issue that affects many ex-felons, most of whom are required to serve some type of …

U.S. v. Espinoza, No. 00-CR-0073 (E.D.Wisc.) (105 F.Supp.2d 1015) (July 13, 2000) (Judge Lynn S. Adelman)

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

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

U.S. v. Espinoza, No. 00-CR-0073 (E.D.Wisc.) (105 F.Supp.2d 1015) (July 13, 2000) (Judge Lynn S. Adelman) by

Minnesota v. Olson, No. 88-1916 (U.S. Supreme Court) (495 U.S. 91; 110 S.Ct. 1864) (April 18, 1990) (Justice White)

Article • August 19, 2000

Filed under: Punch And Jurists, Privacy Act/Rights

Minnesota v. Olson, No. 88-1916 (U.S. Supreme Court) (495 U.S. 91; 110 S.Ct. 1864) (April 18, 1990) (Justice White) by In this case, the Court held that overnight guests in the homes of third persons can have a reasonable expectation of privacy in those premises and this could challenge officers' …

U.S. v. Rivera-Sanchez, No. 99-10243 (9th Cir.) (222 F.3d 1057) (August 2, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Conflict of Laws/Decisions

U.S. v. Rivera-Sanchez, No. 99-10243 (9th Cir.) (222 F.3d 1057) (August 2, 2000) (Judge Arthur L. Alarcon) by Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000) (Judge Arnold) United States v. Rivera-Sanchez, 222 F.3d 1057 (9th Cir. 2000) (Judge Alarcon) If the reader is not familiar with the …

Lauro v. Charles, No. 99-7239 (2nd Cir.) (219 F.3d 202) (July 28, 2000) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, Privacy Act/Rights

Lauro v. Charles, No. 99-7239 (2nd Cir.) (219 F.3d 202) (July 28, 2000) (Judge Guido Calabresi) by Here the Court held that the plaintiff's staged "perp walk" implicated his privacy rights, and since no legitimate government purposes was served, the perp walk violated the plaintiff's constitutional right to be free …

U.S. v. Wald, No. 99-4044 (10th Cir.) (216 F.3d 1222) (July 10, 2000) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Wald, No. 99-4044 (10th Cir.) (216 F.3d 1222) (July 10, 2000) (Judge Michael R. Murphy) by This decision is noted for its strong rejection of the Government's usual arguments that it had probable cause to conduct a search of the trunk of the defendant's car after the police …

Alabama v. White, No. 89-789 (U.S. Supreme Court) (496 U.S. 325; 110 S.Ct. 2412) (June 11, 1990) (Justice White)

Article • July 10, 2000

Filed under: Punch And Jurists, Informants and Paid Witnesses

Alabama v. White, No. 89-789 (U.S. Supreme Court) (496 U.S. 325; 110 S.Ct. 2412) (June 11, 1990) (Justice White) by In this case the Court continued the approach it had taken in Illinois v. Gates, 462 U.S. 213 (1983) where it abandoned the formal, two-pronged test established in Aguilar v. …

Brown v. Texas, No. 77-6673 (U.S. Supreme Court) (443 U.S. 47; 99 S.Ct. 2637) (June 25, 1979) (Justice Burger)

Article • July 4, 2000

Filed under: Punch And Jurists, Reasonable Suspicion

Brown v. Texas, No. 77-6673 (U.S. Supreme Court) (443 U.S. 47; 99 S.Ct. 2637) (June 25, 1979) (Justice Burger) by In this case the Court reversed the conviction of a person who refused to identify himself to police when stopped because the officers lacked any reasonable suspicion to believe that …

Pennsylvania v. Labron, No. 95-1691 (U.S. Supreme Court) (518 U.S. 938; 116 S.Ct. 2485) (July 1, 1996) (Per Curiam)

Article • July 3, 2000

Filed under: Punch And Jurists, Searches - Automobile

Pennsylvania v. Labron, No. 95-1691 (U.S. Supreme Court) (518 U.S. 938; 116 S.Ct. 2485) (July 1, 1996) (Per Curiam) by Here the Court held that if a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle …

Sabbath v. U.S., No. 898 (U.S. Supreme Court) (391 U.S. 585; 88 S.Ct. 1755) (June 3, 2068) (Justice Marshall)

Article • July 3, 2000

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

Sabbath v. U.S., No. 898 (U.S. Supreme Court) (391 U.S. 585; 88 S.Ct. 1755) (June 3, 2068) (Justice Marshall) by In this case the Court firmly rejected the Government's contention that it had not violated the knock-and-announce statute because it had used no force in obtaining entry into the petitioner's …

U.S. v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White)

Article • July 2, 2000

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

U.S. v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White) by Here the Court held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home since there was …

Rhode Island v. Innis, No. 78-1076 (U.S. Supreme Court) (446 U.S. 291; 100 S.Ct. 1682) (May 12, 1980) (Justice Stewart)

Article • July 1, 2000

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Rhode Island v. Innis, No. 78-1076 (U.S. Supreme Court) (446 U.S. 291; 100 S.Ct. 1682) (May 12, 1980) (Justice Stewart) by In this case the Court addressed the meaning of the word "interrogation" for purposes of custodial questioning of suspects, within the meaning of the holding in Miranda v. Arizona, …

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (212 F.3d 877) (May 19, 2000) (Judge Will L. Garwood)

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

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

U.S. v. Zapata-Ibarra, No. 99-50156 (5th Cir.) (212 F.3d 877) (May 19, 2000) (Judge Will L. Garwood) by Here, over the strong dissent of Judge Wiener, a majority of the panel held that under the totality of the circumstances the border patrol agents on roving patrol had reasonable suspicion to …

U.S. v. Knights, No. 99-10538 (9th Cir.) (219 F.3d 1138) (August 3, 2000) (Judge Ferdinand F. Fernandez)

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

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Knights, No. 99-10538 (9th Cir.) (219 F.3d 1138) (August 3, 2000) (Judge Ferdinand F. Fernandez) by Here the Ninth Circuit affirmed its long-standing precedent that a general consent to searches given by probationer as a condition of his probation does not justify a warrantless search of his home …