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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 …
Baranski v. Fifteen Unknown Agents of the ATF, No. 03-5582 (6th Cir.) (452 F.3d 433) (July 3, 2006) (Judge Jeffrey S. Sutton)
Article • June 1, 2006 • from P&J June, 2006
Filed under: Punch And Jurists, Particularity Requirement
Baranski v. Fifteen Unknown Agents of the ATF, No. 03-5582 (6th Cir.) (452 F.3d 433) (July 3, 2006) (Judge Jeffrey S. Sutton) by The Fourth Amendment provides in part that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be …
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,” …
U.S. v. Big Apple Bag Company, Inc., No. 03-CR-781 (NGG) (E.D.N.Y.) (306 F.Supp.2d 331) (February 25, 2004) (Judge Nicholas G. Garaufis)
Article • February 1, 2004 • from P&J February, 2004
Filed under: Punch And Jurists, Material Falsehoods
U.S. v. Big Apple Bag Company, Inc., No. 03-CR-781 (NGG) (E.D.N.Y.) (306 F.Supp.2d 331) (February 25, 2004) (Judge Nicholas G. Garaufis) by After the defendants in this case were charged with trafficking in drug paraphernalia, in violation of 21 U.S.C. § 863, and related crimes, they filed a motion to …
U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White)
Article • November 6, 2002
Filed under: Punch And Jurists, Warrants
U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White) by Here, over the dissent of Justice Marshall, the Court held that that a warrant is not necessary for a police officer to make an arrest in a public place, so …
Atwater v. Lago Vista, No. 99-1408 (U.S. Supreme Court) (532 U.S. 318; 121 S.Ct. 1536) (April 24, 2001) (Justice Souter)
Article • April 1, 2001 • from P&J April, 2001
Filed under: Punch And Jurists, Warrants
Atwater v. Lago Vista, No. 99-1408 (U.S. Supreme Court) (532 U.S. 318; 121 S.Ct. 1536) (April 24, 2001) (Justice Souter) by Here by a narrow 5 to 4 margin, the Court held that the Fourth Amendment does not forbid a warrantless arrest for minor criminal offenses - even when the …
U.S. v. Gantt, No. 98-50171 (9th Cir.) (179 F.3d 782) (June 7, 1999) (Judge Alfred T. Goodwin)
Article • June 1, 1999 • from P&J December, 1999
Filed under: Punch And Jurists, Warrants
U.S. v. Gantt, No. 98-50171 (9th Cir.) (179 F.3d 782) (June 7, 1999) (Judge Alfred T. Goodwin) by In this case the Court upheld the suppression of evidence and ruled that the Fourth Amendment was violated when the police executing a warrant refused to show the warrant and affidavit to …
U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Warrants
U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay) by Court granted a motion to suppress because warrant lacked sufficient particularity.
U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay)
Article • January 1, 1998 • from P&J January, 1998
Filed under: Punch And Jurists, Warrants
U.S. v. Trainor, No. CRIM.A. 97-10093 RCL (D.Mass.) (979 F.Supp. 933) (October 30, 1997) (Judge Reginald C. Lindsay) by This is one of those rare cases in which a court granted a motion to suppress all the fruits of a search because the warrant that failed to meet the particularity …
U.S. v. Brodie, No. 3:96-CR-363-H (N.D.Tex.) (975 F.Supp. 851) (February 18, 1997) (Judge Barefoot Sanders)
Article • November 1, 1997 • from P&J November, 1997
Filed under: Punch And Jurists, Warrants
U.S. v. Brodie, No. 3:96-CR-363-H (N.D.Tex.) (975 F.Supp. 851) (February 18, 1997) (Judge Barefoot Sanders) by United States v. Chan-Jimenez, 125 F.3d 1324 (9th Cir. 1997) (Judge Reinhardt) United States v. Brodie, 975 F.Supp. 851 (N.D.Tex. 1997) (Judge Sanders) United States v. Alvarado-Ramierez, 975 F.Supp 906 (W.D.Tex. 1997) (Judge Furgeson) …
U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Warrants
U.S. v. Taylor, No. 96-2613 (8th Cir.) (119 F.3d 625) (July 10, 1997) (Judge Theodore McMillian) by United States v. Turner, 119 F.3d 18 (D.C.Cir. 1997) (Judge Garland) United States v. Taylor, 119 F.3d 625 (8th Cir. 1997) (Judge McMillian) The principal topic of these two cases was two of …
U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Warrants
U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland) by United States v. Turner, 119 F.3d 18 (D.C.Cir. 1997) (Judge Garland) United States v. Taylor, 119 F.3d 625 (8th Cir. 1997) (Judge McMillian) The principal topic of these two cases was two …
U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland)
Article • September 1, 1997 • from P&J September, 1997
Filed under: Punch And Jurists, Warrants
U.S. v. Turner, No. 96-3096 (D.C. Cir.) (119 F.3d 18) (July 25, 1997) (Judge Merrick B. Garland) by
U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Warrants
U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones) by This case might appropriately be called "rubber-stamp justice - Tennessee style." A professional snitch, who probably needed some cash, dutifully reported to the police that he had reliably learned from a person …
U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Warrants
U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones) by In this case the Court held that the affidavit used to support the search warrant that was obtained was insufficient because of its broad use of boilerplate language that did not meet …
U.S. v. Foster, No. 95-7131 (10th Cir.) (100 F.3d 846) (November 15, 1996) (Judge Michael R. Murphy)
Article • December 1, 1996 • from P&J December, 1996
Filed under: Punch And Jurists, Warrants
U.S. v. Foster, No. 95-7131 (10th Cir.) (100 F.3d 846) (November 15, 1996) (Judge Michael R. Murphy) by This is one of those rare cases in which both the district court and the Tenth Circuit approved a blanket suppression of all evidence seized during a search because the officers had …
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