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Article • September 22, 1999
Filed under: Punch And Jurists, Consent
Illinois v. Rodriguez, No. 88-2018 (U.S. Supreme Court) (497 U.S. 177; 110 S.Ct. 2793) (June 21, 1990) (Justice Scalia) by In this case, the police officers were literally tricked into reasonably believing that the consenting party had actual authority to consent to the search of the premises. The police responded …
Article • September 1, 1999
Filed under: Punch And Jurists, Consent
Camara v. Municipal Court, No. 92 (U.S. Supreme Court) (387 U.S. 523; 87 S.Ct. 1727) (June 15, 2067) (Justice White) by The Court observed: "The right of officers to thrust themselves into a home is also a grave concern, not only to the individual but to a society which chooses …
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner) by In this decision, Judge Gertner forcefully dispelled a common myth, namely that when one gives the police a written "consent" to search his or her premises, that consent is always voluntary and per se …
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Forbes, No. 98-2302 (1st Cir.) (181 F.3d 1) (May 24, 1999) (Judge Norman H. Stahl) by This is an interesting motorist search case in which the underlying issue was whether the district court erred in denying a motion to suppress evidence seized during a warrantless search of a …
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio) by This case is noted for its discussion of the Government's growing practice of seizing computers and then rummaging through all of the files on that computer in its efforts to discover evidence …
Article • April 1, 1999 • from P&J April, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Turner, No. 98-1258 (1st Cir.) (169 F.3d 84) (February 26, 1999) (Judge Conrad K. Cyr) by Here the Court affirmed the suppression of several items of child pornography found on the defendant's computer, holding that the scope of the search exceeded his consent to search his apartment in …
Article • March 1, 1999 • from P&J March, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Footman, No. CR. 98-CR-10067-NG (D.Mass.) (33 F.Supp.2d 60) (November 12, 1998) (Judge Nancy Gertner) by Here Judge Gertner held that the mere fact that an inmate signs consent forms acknowledging that the prison has the right to record phone conversations does not mean that the prison has complied …
Article • August 1, 1998 • from P&J August, 1998
Filed under: Punch And Jurists, Consent
U.S. v. Guapi, No. 97-6289 (11th Cir.) (144 F.3d 1393) (June 29, 1998) (Judge Paul H. Roney) by Case held that although the defendant consented to a search on a Greyhound bus, the search was invaild because the circumstances under which the consent was obtained made it involuntary and coerced. …
Article • July 1, 1997 • from P&J July, 1997
Filed under: Punch And Jurists, Consent
U.S. v. Guimond, No. 95-6207 (6th Cir.) (116 F.3d 166) (June 17, 1997) (Judge Allen E. Norris) by United States v. Howard, 115 F.3d 1151 (4th Cir. 1997) (Judge Wilkinson) United States v. Guimond, 116 F.3d 166 (6th Cir. 1997) (Judge Norris) According to the latest Government statistics, during 1995 …
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Consent
U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins) by Over the strong dissent of six judges, the Court afirmed the validity of a consent given for a search of a car, despite the troopers admission that he searches 97% of …
Article • January 1, 1994
Filed under: Punch And Jurists, Consent
U.S. v. Daniels, No. 89-2014 (7th Cir.) (902 F.2d 1238) (May 10, 1990) (Judge Richard A. Posner) by In this case the Seventh Circuit expressed valid concerns about implying consent merely because a prisoner has notice of phone call monitoring; although it ultimately approved the use of such evidence. "The …
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