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U.S. v. Delossantos, No. 06-4813-cr (2nd Cir.) (536 F.3d 155) (July 25, 2008) (Judge Wilfred Feinberg)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Probable Cause

U.S. v. Delossantos, No. 06-4813-cr (2nd Cir.) (536 F.3d 155) (July 25, 2008) (Judge Wilfred Feinberg) by In a prosecution for drug-related offenses, grant of a motion to suppress post-arrest statements and evidence obtained from defendant's apartment and car is reversed where agents had probable cause to arrest defendant based …

U.S. v. Barnett, No. 06-3215 (7th Cir.) (505 F.3d 673) (October 2, 2007) (Judge Ilana Diamond Rovner)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Frisks after an initial stop

U.S. v. Barnett, No. 06-3215 (7th Cir.) (505 F.3d 673) (October 2, 2007) (Judge Ilana Diamond Rovner) by In its seminal case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that a police officer may stop an individual and question him based on less than probable …

Tabbaa v. Chertoff, No. 06-0119-cv (2nd Cir.) (509 F.3d 89) (November 26, 2007) (Judge Chester J. Straub)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Probable Cause

Tabbaa v. Chertoff, No. 06-0119-cv (2nd Cir.) (509 F.3d 89) (November 26, 2007) (Judge Chester J. Straub) by Over the Christmas holidays in 2004, some 13,0000 Muslims from across North America traveled to Toronto, Canada to attend a Muslim conference known as the Reviving the Islamic Spirit (“RIS”) conference in …

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (503 F.3d 703) (October 5, 2007) (Judge James B. Loken)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Probable Cause

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (503 F.3d 703) (October 5, 2007) (Judge James B. Loken) by In a decision that quickly drew a torrent of negative commentary as a “radical departure” from firmly established Fourth Amendment law, the Court held that a thermal imaging warrant requires only reasonable …

U.S. v. Mendez, No. 05-10205 (9th Cir.) (476 F.3d 1077) (February 23, 2007) (Judge Stephen Reinhardt)

Article • February 1, 2007 • from P&J February, 2007

Filed under: Punch And Jurists, Probable Cause

U.S. v. Mendez, No. 05-10205 (9th Cir.) (476 F.3d 1077) (February 23, 2007) (Judge Stephen Reinhardt) by Relying principally on Muehler v. Mena, 544 U.S. 93, 100-01, 161 L. Ed. 2d 299 (2005), the same judges who wrote the panel's earlier decision in this case, reported at 467 F.3d 1162 …

U.S. v. Mendez, No. 05-10205 (9th Cir.) (467 F.3d 1162) (October 30, 2006) (Judge Stephen Reinhardt)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Probable Cause

U.S. v. Mendez, No. 05-10205 (9th Cir.) (467 F.3d 1162) (October 30, 2006) (Judge Stephen Reinhardt) by Here the Court flatly held that “the fact of gang membership is not sufficient to generate a particularized, reasonable suspicion of criminal activity” sufficient to justify extending the scope of a lawful traffic …

U.S. v. Harju, No. 05-CR-97 (E.D.Wisc.) (384 F.Supp.2d 1278) (August 21, 2005) (Judge Lynn S. Adelman)

Article • August 1, 2005 • from P&J August, 2005

Filed under: Punch And Jurists, Probable Cause

U.S. v. Harju, No. 05-CR-97 (E.D.Wisc.) (384 F.Supp.2d 1278) (August 21, 2005) (Judge Lynn S. Adelman) by In the minds of the Framers of our Constitution, one of the principal purposes of the Fourth Amendment was to preclude "the petty tyranny of unregulated rummagers." (Amsterdam, “Perspectives on the Fourth Amendment,” …