Search | Punch and Jurists

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (309 F.3d 545) (October 24, 2002) (Per Curiam)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (309 F.3d 545) (October 24, 2002) (Per Curiam) by This case is noted principally for the intensity of the dissent’s emotional and highly vitriolic response to the decision of a majority of the Ninth Circuit judges not to grant an en banc rehearing …

Whiteley v. Warden, No. 136 (U.S. Supreme Court) (401 U.S. 560; 91 S.Ct. 1031) (March 29, 1971) (Justice Harlan)

Article • September 8, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

Whiteley v. Warden, No. 136 (U.S. Supreme Court) (401 U.S. 560; 91 S.Ct. 1031) (March 29, 1971) (Justice Harlan) by As explained by the Court, the facts and circumstances of this case were as follows: "On November 23, 1964, certain business establishments in Saratoga were broken into, including the Rustic …

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (285 F.3d 1117) (April 12, 2002) (Judge A. Wallace Tashima)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sigmond-Ballesteros, No. 00-50408 (9th Cir.) (285 F.3d 1117) (April 12, 2002) (Judge A. Wallace Tashima) by The defendant in this case pled guilty to transporting illegal aliens, but he reserved the right to appeal the denial of his motion to suppress evidence obtained as a result of an …

Gerstein v. Pugh, No. 73-477 (U.S. Supreme Court) (420 U.S. 103; 95 S.Ct. 854) (February 18, 1975) (Justice Powell)

Article • February 6, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

Gerstein v. Pugh, No. 73-477 (U.S. Supreme Court) (420 U.S. 103; 95 S.Ct. 854) (February 18, 1975) (Justice Powell) by The defendants in this case were arrested pursuant to a prosecutor's information. Under applicable Florida rules and statutes, prosecutors could charge noncapital offenses by information without a preliminary hearing or …

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Bookhardt, No. 00-3107 (D.C. Cir.) (277 F.3d 558) (January 29, 2002) (Judge Merrick B. Garland) by United States v. Bookhardt, 277 F.3d 558 (D.C. Cir. 2002) (Judge Garland) United States v. Childs, 277 F.3d 947 (7th Cir. 2002) (En Banc) (Judge Easterbrook) The holdings in both of these …

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 …

U.S. v. Sokolow, No. 87-1295 (U.S. Supreme Court) (490 U.S. 1; 109 S.Ct. 1581) (April 3, 1989) (Justice Rehnquist)

Article • June 24, 2000

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Sokolow, No. 87-1295 (U.S. Supreme Court) (490 U.S. 1; 109 S.Ct. 1581) (April 3, 1989) (Justice Rehnquist) by Court held that in evaluating the validity of an investigative detention, the courts must consider "the totality if the circumstances - the whole picture" (id., at 7) - but the …

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 …

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 …

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 …

Florida v. J.L., No. 98-1993 (U.S. Supreme Court) (529 U.S. 266; 120 S.Ct. 1375) (March 28, 2000) (Justice Ginsburg)

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

Filed under: Punch And Jurists, Anonymous Tip

Florida v. J.L., No. 98-1993 (U.S. Supreme Court) (529 U.S. 266; 120 S.Ct. 1375) (March 28, 2000) (Justice Ginsburg) by Here the Court held that an anonymous tip that a person of a specific description is carrying a firearm is not enough, by itself, to provide the reasonable suspicion required …

County of Riverside v. McLaughlin, No. 89-1817 (U.S. Supreme Court) (500 U.S. 44; 111 S.Ct. 1661) (May 13, 1991) (Justice O'Connor)

Article • January 21, 2000

Filed under: Punch And Jurists, Probable/Proximate Cause

County of Riverside v. McLaughlin, No. 89-1817 (U.S. Supreme Court) (500 U.S. 44; 111 S.Ct. 1661) (May 13, 1991) (Justice O'Connor) by Case held that a probable cause hearing must be held within 48 hours of arrest following an arrest without a warrant, and thereafter the burden shifts to the …

U.S. v. Ienco, No. 98-2487 (7th Cir.) (182 F.3d 517) (June 24, 1999) (Judge Joel L. Flaum)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Ienco, No. 98-2487 (7th Cir.) (182 F.3d 517) (June 24, 1999) (Judge Joel L. Flaum) by

U.S. v. Johnson, No. 97-2021 (7th Cir.) (170 F.3d 708) (March 12, 1999) (Judge Diane P. Wood)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Johnson, No. 97-2021 (7th Cir.) (170 F.3d 708) (March 12, 1999) (Judge Diane P. Wood) by Case held that police officers lacked a reasonable suspicion to stop defendant and detain him as he emerged from an apartment on New Year's Eve where officers were prepared to knock pursuant …

U.S. v. Arenas, No. 98 Cr. 496(DC) (S.D.N.Y.) (37 F.Supp.2d 322) (April 8, 1999) (Judge Denny Chin)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Arenas, No. 98 Cr. 496(DC) (S.D.N.Y.) (37 F.Supp.2d 322) (April 8, 1999) (Judge Denny Chin) by In this case, Judge Chin patiently reviews the law developed by Terry v. Ohio, 393 U.S. 1 (1968) and its progeny. Here the Court held that the police did not have a …

U.S. v. Allen, No. 96-6313 (6th Cir.) (168 F.3d 293) (March 2, 1999) (Judge Eric L. Clay)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Allen, No. 96-6313 (6th Cir.) (168 F.3d 293) (March 2, 1999) (Judge Eric L. Clay) by In this case, the Court held that a reliable informant's tip that he had seen the defendant three days earlier in a particular apartment with cocaine did not provide probable cause for …

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (165 F.3d 380) (January 29, 1999) (Judge Robert M. Parker)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (165 F.3d 380) (January 29, 1999) (Judge Robert M. Parker) by The essence of this decision was the Court's ruling that: "Gail Atwater became the victim of an over-zealous police officer who abused the power entrusted to him by the …

U.S. v. One Lot of U.S. Currency Totalling $14,665, No. Civ.A. 97-12626-NG (D.Mass.) (33 F.Supp.2d 47) (February 7, 1998) (Judge Nancy Gertner)

Article • March 1, 1999 • from P&J March, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One Lot of U.S. Currency Totalling $14,665, No. Civ.A. 97-12626-NG (D.Mass.) (33 F.Supp.2d 47) (February 7, 1998) (Judge Nancy Gertner) by In this case Judge Gertner described a forfeiture that came before her with these words: "Even in the byzantine world of forfeiture law, this case is an …

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (195 F.3d 242) (November 24, 1999) (Judge Emilio M. Garza)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Probable/Proximate Cause

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (195 F.3d 242) (November 24, 1999) (Judge Emilio M. Garza) by Here a divided en banc court held that no Fourth Amendment violation occurred when the police arrested and booked a mother for driving without a seat belt and failing …