Search | Punch and Jurists

U.S. v. Barajas, No. 12-3003 (10th Cir.) (710 F.3d 1102) (March 4, 2012) (Judge Paul J. Jr. Kelly)

Article • April 15, 2013 • from P&J April, 2013

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Barajas, No. 12-3003 (10th Cir.) (710 F.3d 1102) (March 4, 2012) (Judge Paul J. Jr. Kelly) by In U.S. v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012), the Supreme Court held that “the Government's installation of a GPS device on a target's vehicle, and its use of …

U.S. v. Cotterman, No. 09-10139 (9th Cir.) (709 F.3d 952) (March 8, 2013) (Judge M. Margaret McKeown)

Article • March 18, 2013 • from P&J March, 2013

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Cotterman, No. 09-10139 (9th Cir.) (709 F.3d 952) (March 8, 2013) (Judge M. Margaret McKeown) by In this “watershed” en banc decision, the Ninth Circuit became the first Federal Circuit Court to announce a new special rule covering deep, passcode-cracking computer searches at the border. The majority held …

U.S. v. Moreno, No. 10-3567-cr (2nd Cir.) (701 F.3d 64) (November 20, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Moreno, No. 10-3567-cr (2nd Cir.) (701 F.3d 64) (November 20, 2012) (Judge Debra Ann Livingston) by In appeal from conviction for heroin related crimes, judgment is affirmed because the district court did not err in denying defendant's motion to suppress evidence seized from her motel room, where: 1) …

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (688 F.3d 1087) (August 6, 2012) (Judge Diarmuid F. O'Scannlain)

Article • December 1, 2012

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (688 F.3d 1087) (August 6, 2012) (Judge Diarmuid F. O'Scannlain) by Following denial of his motion to suppress evidence derived from use of mobile tracking devices, 591 F.3d 1212, defendant entered conditional guilty plea in the United States District Court for the District …

Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher)

Article • October 1, 2012 • from P&J October, 2012

Filed under: Punch And Jurists, Consent

Wood v. Beauclair, No. 10-35300 (9th Cir.) (692 F.3d 1041) (September 4, 2012) (Judge Betty Binns Fletcher) by Lance Wood, a state prisoner in Idaho, filed a civil rights lawsuit against various prison officials and employees, including Sandra de Martin (“Martin:), a female prison guard, alleging various violations of his …

U.S. v. Skinner, No. 09-6497 (6th Cir.) (690 F.3d 772) (August 14, 2012) (Judge John M. Rogers)

Article • September 3, 2012 • from P&J September, 2012

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Skinner, No. 09-6497 (6th Cir.) (690 F.3d 772) (August 14, 2012) (Judge John M. Rogers) by In U.S. v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012), the Supreme Court unanimously held that physically attaching a GPS tracking device to a vehicle constitutes a search under the Fourth …

U.S. v. Lomeli, No. 11-1549 (8th Cir.) (676 F.3d 734) (April 18, 2012) (Judge C. Arlen Beam)

Article • July 9, 2012 • from P&J July, 2012

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Lomeli, No. 11-1549 (8th Cir.) (676 F.3d 734) (April 18, 2012) (Judge C. Arlen Beam) by

Miranda v. Arizona, No. 759 (U.S. Supreme Court) (384 U.S. 436; 86 S.Ct. 1602) (June 13, 2066) (Justice Warren)

Article • March 2, 2012

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Miranda v. Arizona, No. 759 (U.S. Supreme Court) (384 U.S. 436; 86 S.Ct. 1602) (June 13, 2066) (Justice Warren) by In this case the Court announced a new analytical approach under the Self-Incrimination Clause of the Fifth Amendment in cases involving custodial interrogations. After noting that the advent of modern …

U.S. v. Jones, No. 10-1259 (U.S. Supreme Court) (565 U.S. 400; 132 S.Ct. 945) (January 23, 2012) (Justice Scalia)

Article • February 6, 2012 • from P&J February, 2012

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Jones, No. 10-1259 (U.S. Supreme Court) (565 U.S. 400; 132 S.Ct. 945) (January 23, 2012) (Justice Scalia) by In U.S. v. Maynard, 615 F.32d 544 (D.C.Cir. Aug. 6, 2010) (P&J, 08/09/10), the D.C. Circuit considered the joint appeals of Lawrence Maynard and Antoine Jones who were convicted of …

U.S. v. Clark, No. 09-3462-cr (2nd Cir.) (638 F.3d 89) (March 8, 2011) (Judge Reena Raggi)

Article • December 1, 2011

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Clark, No. 09-3462-cr (2nd Cir.) (638 F.3d 89) (March 8, 2011) (Judge Reena Raggi) by In a criminal proceeding alleging two counts of unlawful possession of cocaine base, district court judgment suppressing evidence seized pursuant to a defective search warrant is vacated because the good faith exception to …

Wood v. Ercole, No. 09-2905-pr (2nd Cir.) (644 F.3d 83) (May 4, 2011) (Judge Gerard E. Lynch)

Article • December 1, 2011

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Wood v. Ercole, No. 09-2905-pr (2nd Cir.) (644 F.3d 83) (May 4, 2011) (Judge Gerard E. Lynch) by In a dispute arising from the of a petition for habeas relief, judgment by district court denying petition is reversed because the admission into evidence of statements defendant made in prison violated …

U.S. v. Steppello, No. 10-4527-cr (2nd Cir.) (664 F.3d 359) (December 23, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Steppello, No. 10-4527-cr (2nd Cir.) (664 F.3d 359) (December 23, 2011) (Per Curiam) by In a prosecution alleging possession with intent to distribute cocaine in which the defendant sought to suppress cocaine seized from his person incident to his arrest, cocaine seized from his residence pursuant to a …

U.S. v. Renzi, No. CR08-212 TUC DCB BPV (D.Ariz.) (722 F.Supp.2d 1100) (June 4, 2010) (Judge David C. Bury)

Article • January 24, 2011 • from P&J January, 2011

Filed under: Punch And Jurists, Suppression

U.S. v. Renzi, No. CR08-212 TUC DCB BPV (D.Ariz.) (722 F.Supp.2d 1100) (June 4, 2010) (Judge David C. Bury) by Here the Court upheld a sweeping suppression order by a Magistrate Judge barring the Government from using unlawfully intercepted and privileged communications between the defendant and his counsel that went …

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (617 F.3d 1120) (August 12, 2010) (Per Curiam)

Article • September 6, 2010 • from P&J September, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (617 F.3d 1120) (August 12, 2010) (Per Curiam) by Here, over the strong dissent of five judges, the Ninth Circuit declined to grant a rehearing en banc of a controversial decision which held that the police may secretly place a GPS device on …

Olmstead v. U.S., No. 493 (U.S. Supreme Court) (277 U.S. 438; 48 S.Ct. 564) (June 4, 2028) (Justice Taft)

Article • September 4, 2010

Filed under: Punch And Jurists, Wiretap Evidence

Olmstead v. U.S., No. 493 (U.S. Supreme Court) (277 U.S. 438; 48 S.Ct. 564) (June 4, 2028) (Justice Taft) by This seminal case held no Constitutional violation occurs when wiretap evidence is introduced; and it is particularly noted for Justice Brandeis' statement that the existence of the government will be …

U.S. v. Maynard, No. 08-3030 (D.C. Cir.) (615 F.3d 544) (August 6, 2010) (Judge Douglas Ginsburg)

Article • August 9, 2010 • from P&J August, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Maynard, No. 08-3030 (D.C. Cir.) (615 F.3d 544) (August 6, 2010) (Judge Douglas Ginsburg) by Here the D.C. Circuit became the first Federal Appellate Court to hold that the police need a warrant, based on probable cause, to use a GPS tracking device on a vehicle to track …

U.S. v. Lemus, No. 08-50403 (9th Cir.) (596 F.3d 512) (February 18, 2010) (Per Curiam)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Lemus, No. 08-50403 (9th Cir.) (596 F.3d 512) (February 18, 2010) (Per Curiam) by It is indeed fitting that this decision was published the day before the Justice Department finally decided to release the Office of Professional Responsibility’s Final Report, dated July 29, 2009, showing the results of …

Sanchez v. Pereira-Castillo, No. 08-1748 (1st Cir.) (590 F.3d 31) (December 23, 2009) (Judge Kermit A. Lipez)

Article • February 8, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Exploratory Operation

Sanchez v. Pereira-Castillo, No. 08-1748 (1st Cir.) (590 F.3d 31) (December 23, 2009) (Judge Kermit A. Lipez) by Here the Court held that forcing an inmate to undergo an exploratory abdominal surgery to determine whether or not he was hiding a cell phone in his rectum so clearly violates his …

U.S. v. Knotts, No. 81-1802 (U.S. Supreme Court) (460 U.S. 276; 103 S.Ct. 1081) (March 2, 1983) (Justice Rehnquist)

Article • January 28, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Knotts, No. 81-1802 (U.S. Supreme Court) (460 U.S. 276; 103 S.Ct. 1081) (March 2, 1983) (Justice Rehnquist) by Here the Court held that the defendants were not "seized" within the meaning of the 4th Amendment when they were subject to continuous surveillance by law enforcement officers since people …

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (591 F.3d 1212) (January 11, 2010) (Judge Diarmuid F. O'Scannlain)

Article • January 25, 2010 • from P&J January, 2010

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Pineda-Moreno, No. 08-30385 (9th Cir.) (591 F.3d 1212) (January 11, 2010) (Judge Diarmuid F. O'Scannlain) by Here the Court held that attaching various mobile tracking devices to a suspect’s vehicle on seven separate occasions and continuously monitoring his activities by using those tracking devices did not violate his …