Search | Punch and Jurists

U.S. v. Rubio-Hernandez, No. P-97-CR-211-F (W.D.Tex.) (39 F.Supp.2d 808) (March 2, 1999) (Judge W. Royal Furgeson)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Searches - Border Stops/Searches

U.S. v. Rubio-Hernandez, No. P-97-CR-211-F (W.D.Tex.) (39 F.Supp.2d 808) (March 2, 1999) (Judge W. Royal Furgeson) by In this case Judge Furgeson concluded that US Border agents lacked reasonable suspicion to stop Hispanic drives more then 50 miles from the mexican border; and he reviewed in detail the law dealing …

U.S. v. Kiyuyung, No. 98-1273 (2nd Cir.) (171 F.3d 78) (March 10, 1999) (Judge Amalya Lyle Kearse)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Kiyuyung, No. 98-1273 (2nd Cir.) (171 F.3d 78) (March 10, 1999) (Judge Amalya Lyle Kearse) by The defendant appealed the district court's denial of his suppression motion arguing that the guns found in his apartment were not in plain view. The Second Circuit agreed. Of interest is that …

Florida v. White, No. 98-223 (U.S. Supreme Court) (526 U.S. 559; 119 S.Ct. 1555) (May 17, 1999) (Justice Thomas)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Searches - Automobile

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 …

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio) by QUOTE OF THE WEEK - The temptation of seizing computers as a means of discovering crimes. "Since electronic storage is likely to contain a greater quantity and variety of information than any …

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Consent

U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio) by This case is noted for its discussion of the Government's growing practice of seizing computers and then rummaging through all of the files on that computer in its efforts to discover evidence …

U.S. v. Anglin, No. 98-1340 (2nd Cir.) (169 F.3d 154) (March 2, 1999) (Judge Charles S. Jr. Haight)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Physical Injury/Restraint

U.S. v. Anglin, No. 98-1340 (2nd Cir.) (169 F.3d 154) (March 2, 1999) (Judge Charles S. Jr. Haight) by The defendant argued on appeal, inter alia, that the district court erred in subjecting him to a two-level offense enhancement under U.S.S.G. § 2B3.1(b)(4)(B) on the ground that the teller-victims were …

U.S. v. Allen, No. 96-6313 (6th Cir.) (168 F.3d 293) (March 2, 1999) (Judge Eric L. Clay)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Allen, No. 96-6313 (6th Cir.) (168 F.3d 293) (March 2, 1999) (Judge Eric L. Clay) by In this case, the Court held that a reliable informant's tip that he had seen the defendant three days earlier in a particular apartment with cocaine did not provide probable cause for …

Krug v. U.S., No. 98-5130 (Fed. Cir.) (168 F.3d 1307) (February 17, 1999) (Judge S. Jay Plager)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Informants and Paid Witnesses

Krug v. U.S., No. 98-5130 (Fed. Cir.) (168 F.3d 1307) (February 17, 1999) (Judge S. Jay Plager) by Here the Court rejected a tax-informant's claim for a reward, since he had nothing in writing from the IRS to confirm that it would pay him any reward - even though his …

U.S. v. Turner, No. 98-1258 (1st Cir.) (169 F.3d 84) (February 26, 1999) (Judge Conrad K. Cyr)

Article • April 1, 1999 • from P&J April, 1999

Filed under: Punch And Jurists, Consent

U.S. v. Turner, No. 98-1258 (1st Cir.) (169 F.3d 84) (February 26, 1999) (Judge Conrad K. Cyr) by Here the Court affirmed the suppression of several items of child pornography found on the defendant's computer, holding that the scope of the search exceeded his consent to search his apartment in …

U.S. v. Ortiz, No. 73-2050 (U.S. Supreme Court) (422 U.S. 891; 95 S.Ct. 2585) (June 30, 1975) (Justice Powell)

Article • March 22, 1999

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Ortiz, No. 73-2050 (U.S. Supreme Court) (422 U.S. 891; 95 S.Ct. 2585) (June 30, 1975) (Justice Powell) by Here the Court observed that "at traffic checkpoints removed from the border and its functional equivalents, officers may not search private vehicles without consent or probable cause.".

Atwater v. City of Lago Vista, No. 98-50302 (5th Cir.) (165 F.3d 380) (January 29, 1999) (Judge Robert M. Parker)