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U.S. v. Ienco, No. 98-2487 (7th Cir.) (182 F.3d 517) (June 24, 1999) (Judge Joel L. Flaum)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Probable/Proximate Cause
U.S. v. Ienco, No. 98-2487 (7th Cir.) (182 F.3d 517) (June 24, 1999) (Judge Joel L. Flaum) by
U.S. v. Worley, No. 97-6374 (6th Cir.) (193 F.3d 381) (September 29, 1999) (Judge Nathaniel R. Jones)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Consensual Encounters
U.S. v. Worley, No. 97-6374 (6th Cir.) (193 F.3d 381) (September 29, 1999) (Judge Nathaniel R. Jones) by Here the Court established an important distinction between an "acquiesence" to a search and a "consent" to a search, holding that the defendant's acquiesence in the face of a police badge was …
Hubbard v. U.S., No. 94-172 (U.S. Supreme Court) (514 U.S. 695; 115 S.Ct. 1754) (May 15, 1995) (Justice Stevens)
Article • August 2, 1999
Filed under: Punch And Jurists, False Statements, Testimony or Documents
Hubbard v. U.S., No. 94-172 (U.S. Supreme Court) (514 U.S. 695; 115 S.Ct. 1754) (May 15, 1995) (Justice Stevens) by Departing from precedent, the Court held that a federal court is neither a "department" nor an "agency" within the meaning of 18 U.S.C. § 1001 - so that the submitting …
U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Tibbs, No. 96CR10153-NG (D.Mass.) (49 F.Supp.2d 47) (May 14, 1999) (Judge Nancy Gertner) by In this decision, Judge Gertner forcefully dispelled a common myth, namely that when one gives the police a written "consent" to search his or her premises, that consent is always voluntary and per se …
U.S. v. Kyllo, No. 96-30333 (9th Cir.) (190 F.3d 1041) (September 9, 1999) (Judge Michael Daly Hawkins)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Searches - Thermal Imager
U.S. v. Kyllo, No. 96-30333 (9th Cir.) (190 F.3d 1041) (September 9, 1999) (Judge Michael Daly Hawkins) by This is one of those cases which shows that constitutional principles often depend on the make-up of the court. We first discussed this case in the 6/15/98 issue of P&J, where we …
U.S. v. Moreno-Chaparro, No. 97-50641 (5th Cir.) (180 F.3d 629) (February 5, 1999) (Judge Henry A. Politz)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Moreno-Chaparro, No. 97-50641 (5th Cir.) (180 F.3d 629) (February 5, 1999) (Judge Henry A. Politz) by The Court noted that the Supreme Court, in U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975), had identified eight factors that the courts should consider when evaluating the validity of such "border" searches, …
U.S. v. Kyllo, No. 96-30333 (9th Cir.) (190 F.3d 1041) (September 9, 1999) (Judge Michael Daly Hawkins)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Searches - Thermal Imager
U.S. v. Kyllo, No. 96-30333 (9th Cir.) (190 F.3d 1041) (September 9, 1999) (Judge Michael Daly Hawkins) by Some comments from Judge McKay on the dangers of thermal image scanners. QUOTE OF THE WEEK - The evils of thermal image scanning devices as seen by one Judge. "[T]he fact that …
U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Coleman, No. 96-1823 (6th Cir.) (188 F.3d 354) (July 28, 1999) (Judge Nathaniel R. Jones) by Quote from a dissent by Judge Bright in which he bemoaned the practice, encouraged by the Guidelines, of giving the drug lords minor sentences, while heavily penalizing the smaller players who have …
U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Warrants - General Search
U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson) by In this case the Court held that search warrants obtained by the police and that led to the seizure of documents going back to 1984 were overly broad for failing to specify …
In Re Grand Jury Subpoena Duces Tecum Issued to Roe & Roe, No. Cov.A.MJG-99-812 (D.Md.) (49 F.Supp.2d 451) (April 19, 1999) (Judge Marvin J. Garbis)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Return/Retention of Property
In Re Grand Jury Subpoena Duces Tecum Issued to Roe & Roe, No. Cov.A.MJG-99-812 (D.Md.) (49 F.Supp.2d 451) (April 19, 1999) (Judge Marvin J. Garbis) by Here the Court held that the Government had no "continuing interest" in retaining property that had been seized, and ordered its return under Rule …
U.S. v. Forbes, No. 98-2302 (1st Cir.) (181 F.3d 1) (May 24, 1999) (Judge Norman H. Stahl)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Consent
U.S. v. Forbes, No. 98-2302 (1st Cir.) (181 F.3d 1) (May 24, 1999) (Judge Norman H. Stahl) by This is an interesting motorist search case in which the underlying issue was whether the district court erred in denying a motion to suppress evidence seized during a warrantless search of a …
U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson)
Article • August 1, 1999 • from P&J August, 1999
Filed under: Punch And Jurists, Inevitable Discovery Doctrine
U.S. v. Ford, No. 97-6097 (6th Cir.) (184 F.3d 566) (July 23, 1999) (Judge John R. Gibson) by The defendant in this case ran a bingo parlor in Kentucky, where the state gambling laws permit charitable gambling under strict controls. The defendant established dummy charitable accounts and kept the proceeds …
Maryland v. Wilson, No. 95-1268 (U.S. Supreme Court) (519 U.S. 408; 117 S.Ct. 882) (February 19, 1997) (Justice Rehnquist)
Article • July 7, 1999
Filed under: Punch And Jurists, Searches - Automobile
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 …
Edmond v. Goldsmith, No. 98-4124 (7th Cir.) (183 F.3d 659) (July 7, 1999) (Judge Richard A. Posner)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Edmond v. Goldsmith, No. 98-4124 (7th Cir.) (183 F.3d 659) (July 7, 1999) (Judge Richard A. Posner) by Since August of 1998, the Indianapolis Police Department engaged in the practice of setting up roadblocks at random checkpoints "to interrupt the flow of illegal drugs throughout the city." In the words …
U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by One of the many issues addressed in this appeal was whether the Border Patrol had sufficient grounds to conclude that it had reasonable suspicion to justify the stopping, the subsequent search, …
U.S. v. Hsia, No. 08-3114 (D.C. Cir.) (176 F.3d 517) (May 18, 1999) (Judge Stephen F. Williams)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, False Statements, Testimony or Documents
U.S. v. Hsia, No. 08-3114 (D.C. Cir.) (176 F.3d 517) (May 18, 1999) (Judge Stephen F. Williams) by Here the Court held that in a prosecution for causing false statements to be made to the Federal Election Commission, the Government was not required to show that the defendant knew her …
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. Jimenez-Medina, No. 97-10055 (9th Cir.) (173 F.3d 752) (May 6, 1999) (Judge Donald W. Molloy)
Article • June 1, 1999 • from P&J June, 1999
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Jimenez-Medina, No. 97-10055 (9th Cir.) (173 F.3d 752) (May 6, 1999) (Judge Donald W. Molloy) by Here the Court held that the border patrol lacked any reasonable suspicion to conduct an investigatory stop of the defendant's truck some 130 miles from the border in an area where there …
U.S. v. Johnson, No. 97-2021 (7th Cir.) (170 F.3d 708) (March 12, 1999) (Judge Diane P. Wood)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Probable/Proximate Cause
U.S. v. Johnson, No. 97-2021 (7th Cir.) (170 F.3d 708) (March 12, 1999) (Judge Diane P. Wood) by Case held that police officers lacked a reasonable suspicion to stop defendant and detain him as he emerged from an apartment on New Year's Eve where officers were prepared to knock pursuant …
U.S. v. Arenas, No. 98 Cr. 496(DC) (S.D.N.Y.) (37 F.Supp.2d 322) (April 8, 1999) (Judge Denny Chin)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Probable/Proximate Cause
U.S. v. Arenas, No. 98 Cr. 496(DC) (S.D.N.Y.) (37 F.Supp.2d 322) (April 8, 1999) (Judge Denny Chin) by In this case, Judge Chin patiently reviews the law developed by Terry v. Ohio, 393 U.S. 1 (1968) and its progeny. Here the Court held that the police did not have a …
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