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Article • December 28, 1999
U.S. v. Caceres, No. 76-1309 (U.S. Supreme Court) (440 U.S. 741; 99 S.Ct. 1465) (April 2, 1979) (Justice Stevens) by In this case the Court rejected a per se rule that every violation of the IRS Manual was tantamount to a due process violation; and the Court did leave open …
Article • October 1, 1999 • from P&J October, 1999
U.S. v. Armstrong, No. 98-4905 (4th Cir.) (187 F.3d 392) (July 15, 1999) (Judge J. Michael Luttig) by The Court held that Scott had superseded the Fourth Circuit's previous ruling in U.S. v. Workman, 585 F.2d 1205 (4th Cir. 1978) - and it noted that, even before the Supreme Court's …
Article • September 16, 1999
Elkins v. U.S., No. 126 (U.S. Supreme Court) (364 U.S. 206; 80 S.Ct. 1437) (June 27, 2060) (Justice Stewart) by In this case state police officers procured a search warrant for the defendant's home in an effort to retrieve obscene motion pictures. The search revealed no obscene pictures, but the …
Article • September 12, 1999
Illinois v. Krull, No. 85-608 (U.S. Supreme Court) (480 U.S. 340; 107 S.Ct. 1160) (March 9, 1987) (Justice Blackmun) by Here the Court considered whether a good faith exception to the Fourth Amendment exclusionary rule applied when a police officer's reliance on the constitutionality of a statute is objectively reasonable, …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Medina, No. 97-50148 (9th Cir.) (181 F.3d 1078) (June 22, 1999) (Judge Edward Leavy) by In Elkins, the Supreme Court rejected the so-called "silver platter doctrine" which holds that evidence illegally seized by state officials can be admitted in a Federal criminal proceeding, so long as the Federal …
Article • June 1, 1999 • from P&J June, 1999
U.S. v. Stefonek, No. 98-3343 (7th Cir.) (179 F.3d 1030) (June 3, 1999) (Judge Richard A. Posner) by In this case, the Court held that where the violation of the Fourth Amendment in a particular case causes no discernable harm to the interests of an individual protected by the particular …
Article • June 1, 1998 • from P&J June, 1998
Pennsylvania Board of Probation and Parole v. Scott, No. 97-581 (U.S. Supreme Court) (524 U.S. 357; 118 S.Ct. 2014) (June 22, 1998) (Justice Thomas) by By a vote of 5 to 4, the Supreme Court had ruled that illegally seized evidence, which would be barred by the exclusionary rule announced …
Article • September 1, 1997 • from P&J September, 1997
U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian) by
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Morgan, No. 94-40048 (D.Kan.) (911 F.Supp. 1340) (December 4, 1996) (Judge Sam A. Crow) by Court upheld a broad rummaging search under the exclusionary rule, despite the defendant's claims that the warrant effectively authorized a general rummaging of his property.
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