Search | Punch and Jurists

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 …

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 …

U.S. v. Lemus, No. 08-50403 (9th Cir.) (582 F.3d 958) (September 22, 2009) (Judge Jay S. Bybee)

Article • December 1, 2009

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Lemus, No. 08-50403 (9th Cir.) (582 F.3d 958) (September 22, 2009) (Judge Jay S. Bybee) by Defendant was charged with being a felon knowingly in possession of a firearm in violation of 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2). The United States District Court for the Southern District of …

Friedman v. Boucher, No. 05-15675 (9th Cir.) (568 F.3d 1119) (June 23, 2009) (Judge Sidney R. Thomas)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, DNA Evidence

Friedman v. Boucher, No. 05-15675 (9th Cir.) (568 F.3d 1119) (June 23, 2009) (Judge Sidney R. Thomas) by In this case, a divided panel from the Ninth Circuit held that a Las Vegas prosecutor and a police detective were not entitled to the defense of qualified immunity in a civil …

U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton) by The defendant in this case was convicted of a number of counts of possession and distribution of child pornography. His sentence included a term of supervised release with a special condition that he …

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (558 F.Supp.2d 304) (March 20, 2008) (Judge Joseph F. Bianco)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (558 F.Supp.2d 304) (March 20, 2008) (Judge Joseph F. Bianco) by As a Government agent in this case observed, computers can be repositories of one’s most private, even subconscious, thoughts. Asked why he examined Internet history files when searching a defendant’s computer for …

Doe v. Bredesen, No. 06-6393 (6th Cir.) (521 F.3d 680) (March 31, 2008) (Per Curiam)

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

Filed under: Punch And Jurists, GPS Tracking Device

Doe v. Bredesen, No. 06-6393 (6th Cir.) (521 F.3d 680) (March 31, 2008) (Per Curiam) by In Doe v. Bredesen, 507 F.3d 998 (6th Cir. Nov. 16, 2007) (P&J, 10/15/07) (“Doe I”), a divided panel from the Sixth Circuit concluded that a new Tennessee law that required all convicted sex …

Doe v. Bredesen, No. 06-6393 (6th Cir.) (507 F.3d 998) (November 16, 2007) (Judge Richard Allen Griffin)

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

Filed under: Punch And Jurists, GPS Tracking Device

Doe v. Bredesen, No. 06-6393 (6th Cir.) (507 F.3d 998) (November 16, 2007) (Judge Richard Allen Griffin) by Appellant John Doe pled guilty in a Tennessee state court to various crimes including two counts of sexual battery. At the time of his conviction, Doe’s sexual battery offenses were termed by …

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (483 F.3d 965) (April 16, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Warrantless Searches

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (483 F.3d 965) (April 16, 2007) (Per Curiam) by From the Decision of the Day Blog: Another week, another Ninth Circuit denial of en banc review in a case that scales back the Fourth Amendment. Back in September, I blogged …

U.S. v. Bailey, No. 06-CR-232 (JFB) (E.D.N.Y.) (468 F.Supp.2d 373) (September 6, 2006) (Judge Joseph F. Bianco)

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

Filed under: Punch And Jurists, Arrest Incident to Search

U.S. v. Bailey, No. 06-CR-232 (JFB) (E.D.N.Y.) (468 F.Supp.2d 373) (September 6, 2006) (Judge Joseph F. Bianco) by Judge Bianco was appointed to the bench in January of 2006; and, by virtue of his long service in the Department of Justice, he too could be considered a Bush loyalist. He …

U.S. v. Garcia, No. 06-2741 (7th Cir.) (474 F.3d 994) (February 2, 2007) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Garcia, No. 06-2741 (7th Cir.) (474 F.3d 994) (February 2, 2007) (Judge Richard A. Posner) by The issue before the Court in this case was whether the Fourth Amendment permits the government to surreptitiously install a GPS tracking device on a suspect’s car and then track his movements. …

In Re Grand Jury Proceeding, No. Redacted (D.N.M.) (455 F.Supp.2d 1281) (July 12, 2006) (Judge Robert C. Brack)

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

Filed under: Punch And Jurists, DNA Evidence

In Re Grand Jury Proceeding, No. Redacted (D.N.M.) (455 F.Supp.2d 1281) (July 12, 2006) (Judge Robert C. Brack) by This ruling is noted for its informative analysis of some of the tensions between the Executive Branch’s right to conduct grand jury investigations and the Judiciary’s limited rights of oversight over …

Johnson v. U.S., No. 329 (U.S. Supreme Court) (333 U.S. 10; 68 S.Ct. 367) (February 2, 2048) (Justice Jackson)

Article • February 20, 2006

Filed under: Punch And Jurists, Warrantless Searches

Johnson v. U.S., No. 329 (U.S. Supreme Court) (333 U.S. 10; 68 S.Ct. 367) (February 2, 2048) (Justice Jackson) by The petitioner in this case sought a writ of certiorari to review a judgment of the Ninth Circuit affirming her conviction on four counts of violating federal narcotics laws on …

U.S. v. Dessesaure, No. 04-2170 (1st Cir.) (429 F.3d 359) (November 30, 2005) (Judge Sandra L. Lynch)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Dessesaure, No. 04-2170 (1st Cir.) (429 F.3d 359) (November 30, 2005) (Judge Sandra L. Lynch) by In this case, the First Circuit addressed the Government’s interlocutory appeal from Judge Gertner’s partial allowance of the defendant’s motion to suppress evidence in U.S. v. Dessesaure, 314 F. Supp. 2d 81 …

Bourgeois v. Peters, No. 02-16886 (11th Cir.) (387 F.3d 1303) (October 15, 2004) (Judge Gerald B. Tjoflat)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Demonstrations

Bourgeois v. Peters, No. 02-16886 (11th Cir.) (387 F.3d 1303) (October 15, 2004) (Judge Gerald B. Tjoflat) by The plaintiffs in this case, an organization led by the Rev. Roy Bourgeois, annually engage in a nonviolent demonstration on public property adjacent to Fort Benning, GA, protesting the Government’s funding of …

U.S. v. Dessesaure, No. Crim. No. 03-10191-NG (D.Mass.) (323 F.Supp.2d 211) (July 2, 2004) (Judge Nancy Gertner)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Dessesaure, No. Crim. No. 03-10191-NG (D.Mass.) (323 F.Supp.2d 211) (July 2, 2004) (Judge Nancy Gertner) by In her earlier decision reported at 314 F.Supp.2d 81 (D.Mass. 2004), Judge Gertner granted in part defendant's motion to suppress evidence seized in a search of defendant's residence without probable cause or …

U.S. v. Crawford, No. 01-50633 (9th Cir.) (372 F.3d 1048) (June 21, 2004) (Judge Susan P. Graber)

Article • August 1, 2004 • from P&J August, 2004

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Crawford, No. 01-50633 (9th Cir.) (372 F.3d 1048) (June 21, 2004) (Judge Susan P. Graber) by Here the Ninth Circuit, sitting en banc, overruled a three-judge panel decision previously reported at 323 F.3d 700 (9th Cir. 2003) and held, by a vote of 8-to-3, that a suspicionless and …

U.S. v. Dessesaure, No. Crim. No. 03-10191-NG (D.Mass.) (314 F.Supp.2d 81) (April 13, 2004) (Judge Nancy Gertner)

Article • April 1, 2004 • from P&J April, 2004

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Dessesaure, No. Crim. No. 03-10191-NG (D.Mass.) (314 F.Supp.2d 81) (April 13, 2004) (Judge Nancy Gertner) by This case is a classic and disturbingly graphic example of the extremes to which law enforcement officers will sometimes go to secure a conviction - here based on theories that the Court …