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Article • July 3, 2000
Pennsylvania v. Labron, No. 95-1691 (U.S. Supreme Court) (518 U.S. 938; 116 S.Ct. 2485) (July 1, 1996) (Per Curiam) by Here the Court held that if a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle …
Article • June 24, 2000
Whren v. U.S., No. 95-5841 (U.S. Supreme Court) (517 U.S. 806; 116 S.Ct. 1769) (June 10, 1996) (Justice Scalia) by Case essentially upheld the validity of a pretextual traffic stop based on an infraction of some minor traffic offense even when the main goal is to search for contraband when …
Article • June 18, 2000
Maryland v. Dyson, No. 98-1062 (U.S. Supreme Court) (527 U.S. 465; 119 S.Ct. 2013) (June 21, 1999) (Per Curiam) by In this case, a Maryland sheriff's deputy received a tip from a reliable informant that Defendant Kevin Dyson, a known drug dealer, was in New York purchasing cocaine and would …
Article • March 3, 2000 • from P&J March, 1999
Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia) by QUOTE OF THE WEEK - Some thoughts on the "necessity" argument used by Justice Scalia to support of the expansion of the Fourth Amendment to cover searches of the property …
Article • March 3, 2000
Wyoming v. Houghton, No. 98-184 (U.S. Supreme Court) (526 U.S. 295; 119 S.Ct. 1297) (April 5, 1999) (Justice Scalia) by This is another case that shows the remaking of the Constitution by Justice Scalia. In its latest decision expanding the authority of the police over motorists and their passengers, Justice …
Article • July 7, 1999
Maryland v. Wilson, No. 95-1268 (U.S. Supreme Court) (519 U.S. 408; 117 S.Ct. 882) (February 19, 1997) (Justice Rehnquist) by In this case, the Court extended the rule established in Pennslyvania v. Mimms, 434 U.S. 106 (1997), that a police officer may as a matter of course order the driver …
Article • May 1, 1999 • from P&J May, 1999
Florida v. White, No. 98-223 (U.S. Supreme Court) (526 U.S. 559; 119 S.Ct. 1555) (May 17, 1999) (Justice Thomas) by In this case the Supreme Court held that "When federal officers have probable cause to believe that an automobile contains contraband, the Fourth Amendment does not require them to obtain …
Article • December 15, 1998
Pennslyvania v. Mimms, No. 76-1830 (U.S. Supreme Court) (434 U.S. 106; 98 S.Ct. 330) (December 5, 1977) (Per Curiam) by The rule in this case was extended to the passengers of the car as well, in Maryland v. Wilson, 519 U.S. 408 (1997). In this case the Court held that …
Article • March 1, 1997 • from P&J March, 1997
U.S. v. Wood, No. 96-3141 (10th Cir.) (106 F.3d 942) (February 7, 1997) (Judge Paul J. Jr. Kelly) by This case may go down in history as the last Federal case to suppress evidence seized during a warrantless search of an automobile due to a lack of any "particularized and …
Article • January 1, 1995
U.S. v. Restrepo, No. 94-CR-551 (E.D.N.Y.) (890 F.Supp. 180) (June 6, 1995) (Judge Jack B. Weinstein) by Among other things, Judge Weinstein noted: "Guevara was stopped and questioned solely because he was driving a car with out-of-state license plates and appeared to be Hispanic. This practice is apparently not uncommon. …
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