Search | Punch and Jurists

U.S. v. Elkins, No. 96-20152 D (W.D.Tenn.) (95 F.Supp.2d 796) (March 6, 2000) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Elkins, No. 96-20152 D (W.D.Tenn.) (95 F.Supp.2d 796) (March 6, 2000) (Judge Bernice B. Donald) by Here Judge Donald held that the warrantless use of a thermal imager violated the defendants’ Fourth Amendment rights, and concluded that prior cases that have addressed the same issue have “misframed” the …

U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King) by Quote from the D.C. District Court on some of the evils of random, indiscriminate questioning of citizens that are a product of America's War on Drugs. QUOTE OF THE WEEK - Some …

U.S. v. Coleman, No. 99-3104 (9th Cir.) (208 F.3d 786) (April 3, 2000) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Coleman, No. 99-3104 (9th Cir.) (208 F.3d 786) (April 3, 2000) (Judge Susan P. Graber) by In this case the defendant sought to suppress statements made after he had requested counsel, in accordance with the rule established in Edwards v. Arizona, 451 U.S. 477 (1981). He was arrested …

U.S. v. Freeman, No. 98-6636 (6th Cir.) (209 F.3d 464) (March 23, 2000) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Freeman, No. 98-6636 (6th Cir.) (209 F.3d 464) (March 23, 2000) (Judge Boyce F. Jr. Martin) by Here, with harsh words about the credibility of Memphis police officer David Tate, the Court reversed a conviction based on a search without probable cause, holding that the police created a …

U.S. v. Woodrum, No. 99-1697 (1st Cir.) (208 F.3d 8) (April 6, 2000) (Per Curiam)

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

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Woodrum, No. 99-1697 (1st Cir.) (208 F.3d 8) (April 6, 2000) (Per Curiam) by As stated by Judge Lynch, in her dissent: "[This] the case has great constitutional and societal significance . . . . [I]t is an important one, not just for the development of Fourth Amendment …

Florida v. Riley, No. 87-764 (U.S. Supreme Court) (488 U.S. 445; 109 S.Ct. 693) (January 23, 1989) (Justice White)

Article • April 19, 2000

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

Florida v. Riley, No. 87-764 (U.S. Supreme Court) (488 U.S. 445; 109 S.Ct. 693) (January 23, 1989) (Justice White) by Here the Court held that surveillance of the interior of a partially covered greehouse in a residential backyard from helicopter is not a "search" for Fourth Amendment purposes which requires …

Adams v. Williams, No. 70-283 (U.S. Supreme Court) (407 U.S. 143; 92 S.Ct. 1921) (June 12, 1972) (Justice Rehnquist)

Article • April 16, 2000

Filed under: Punch And Jurists, Probable/Proximate Cause

Adams v. Williams, No. 70-283 (U.S. Supreme Court) (407 U.S. 143; 92 S.Ct. 1921) (June 12, 1972) (Justice Rehnquist) by Here the Court held that "Probable cause does not require the same type of specific evidence of each element of the offense as would be required to support a conviction." …

U.S. v. Lopez-Soto, No. 99-50201 (9th Cir.) (205 F.3d 1101) (March 8, 2000) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Lopez-Soto, No. 99-50201 (9th Cir.) (205 F.3d 1101) (March 8, 2000) (Judge William A. Fletcher) by In this case, a police officer stopped the defendant's car because he could not see a registration sticker on the rear of the vehicle. Although the officer believed that such a visible …

U.S. v. Brugal, No. 98-4255 (4th Cir.) (209 F.3d 353) (April 4, 2000) (Judge Clyde H. Hamilton)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Brugal, No. 98-4255 (4th Cir.) (209 F.3d 353) (April 4, 2000) (Judge Clyde H. Hamilton) by Here a divided en banc court affirmed a conviction after a driver had turned off the road to avoid a fictitious drug checkpoint holding that under the totatlity of circumstances the driver's …

U.S. v. Thomas, No. 99-10355 (9th Cir.) (211 F.3d 1186) (May 8, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Thomas, No. 99-10355 (9th Cir.) (211 F.3d 1186) (May 8, 2000) (Judge Stephen Reinhardt) by In this decision the Ninth Circuit reversed a district court ruling and rejected the government’s far-fetched argument that a detective had reasonable suspicion to order an investigatory stop of a vehicle based on …

U.S. v. Wilson, No. 98-4208 (4th Cir.) (205 F.3d 720) (March 7, 2000) (Judge M. Blane Michael)

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

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Wilson, No. 98-4208 (4th Cir.) (205 F.3d 720) (March 7, 2000) (Judge M. Blane Michael) by United States v. Brugal, 209 F.3d 353 (4th Cir. 2000) (En Banc) (Judge Hamilton) United States v. Wilson, 205 F.3d 720 (4th Cir. 2000) (En Banc) (Judge Michael) In both of these …

Illinois v. Wardlow, No. 98-1036 (U.S. Supreme Court) (528 U.S. 119; 120 S.Ct. 673) (January 12, 2000) (Justice Rehnquist)

Article • March 7, 2000 • from P&J December, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

Illinois v. Wardlow, No. 98-1036 (U.S. Supreme Court) (528 U.S. 119; 120 S.Ct. 673) (January 12, 2000) (Justice Rehnquist) by In this case the Supreme Court held that the defendant’s presence in an area known for heavy drug trafficking, combined with his unprovoked flight at the mere sight of the …

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia)

Article • March 3, 2000 • from P&J March, 1999

Filed under: Punch And Jurists, Searches - Automobile

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia) by QUOTE OF THE WEEK - Some thoughts on the "necessity" argument used by Justice Scalia to support of the expansion of the Fourth Amendment to cover searches of the property …

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia)

Article • March 3, 2000

Filed under: Punch And Jurists, Searches - Automobile

Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia) by This is another case that shows the remaking of the Constitution by Justice Scalia. In its latest decision expanding the authority of the police over motorists and their passengers, Justice …

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (208 F.3d 1122) (April 11, 2000) (Judge Stephen Reinhardt)

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

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

U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (208 F.3d 1122) (April 11, 2000) (Judge Stephen Reinhardt) by The Ninth Circuit strikes back! Perhaps tired of its label as the Circuit most reversed by the Supreme Court, the Ninth Circuit sharply challenged the Supreme Court by holding in this case that …

U.S. v. Woodrum, No. 99-1797 (1st Cir.) (202 F.3d 1) (January 20, 2000) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Woodrum, No. 99-1797 (1st Cir.) (202 F.3d 1) (January 20, 2000) (Judge Bruce M. Selya) by In the case, the Government contended, and the panel agreed, that a taxi driver's voluntary participation in a Taxi Inspection Program for Safety (TIPS), granted the police the right to search any …

Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (199 F.3d 1037) (December 21, 1999) (Judge William A. Fletcher)

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

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

Hodgers-Durgin v. De La Vina, No. 97-16449 (9th Cir.) (199 F.3d 1037) (December 21, 1999) (Judge William A. Fletcher) by Here the Ninth Circuit (in an en banc decision) reversed a panel’s previous decision to grant injunctive relief to a group of plaintiffs in a class action lawsuit against the …

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones)

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

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

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones) by Here the Sixth Circuit affirmed that a knock-and-announce search which in executed in a manner that does not give the occupants a reasonable opportunity to answer is invalid and warrants the suppression …

U.S. v. Drew, No. 98-3120 (D.C. Cir.) (200 F.3d 871) (January 25, 2000) (Judge Karen LeCraft Henderson)

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

Filed under: Punch And Jurists, Physical Injury/Restraint

U.S. v. Drew, No. 98-3120 (D.C. Cir.) (200 F.3d 871) (January 25, 2000) (Judge Karen LeCraft Henderson) by Court held that an enhancement for physical restraint under USSG § 3A1.3 was improper where the defendant ordered the victim to leave her bedroom and walk downstairs at gunpoint, since there was …

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones)

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

Filed under: Punch And Jurists, Independent Source Doctrine

U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones) by This is a significant Fourth Amendment case that discusses two important derivatives of the Fourth Amendment’s prohibitions against unreasonable searches - namely, the knock and announce rule and the “independent source doctrine.” …