Search | Punch and Jurists

U.S. v. Carter, No. 94-5753 (4th Cir.) (139 F.3d 424) (March 24, 1998) (Judge H. Emory Jr. Widener)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Return/Retention of Property

U.S. v. Carter, No. 94-5753 (4th Cir.) (139 F.3d 424) (March 24, 1998) (Judge H. Emory Jr. Widener) by In his dissent, Judge Ervin wrote: "I believe that the prolonged detention of the suitcase, coupled with the authorities' lack of diligence in pursuing their investigation, violated the defendant's Fourth Amendment …

U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Searches - Home/Curtilage

U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood) by Court adopted a "balancing approach" to determine that a search of one's garbage was proper, even though the garbage was located within his home's curtilage; although a number of judges dissented.

U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Searches - Home/Curtilage

U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood) by Court adopted a "balancing approach" to determine that a search of one's garbage was proper, even though the garbage was located within his home's curtilage; although a number of judges dissented. This …

U.S. v. Ani, No. 97-50138 (9th Cir.) (138 F.3d 390) (February 18, 1998) (Judge Robert R. Beezer)

Article • May 1, 1998 • from P&J May, 1998

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

U.S. v. Ani, No. 97-50138 (9th Cir.) (138 F.3d 390) (February 18, 1998) (Judge Robert R. Beezer) by Case is noted for its holding that customs inspectors are authorized to open international mail without probable cause.

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam)

Article • May 1, 1998 • from P&J May, 1998

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Bongiorno, No. 96-4187 (8th Cir.) (139 F.3d 640) (March 25, 1998) (Per Curiam) by Over objections of Judge Arnold, who called sentence illegal, Court refused to vacate condition that defendant was subject to warrantless search by probabtion officer to detect presence of alcohol.

U.S. v. Gray, No. 96-4617 (4th Cir.) (137 F.3d 765) (February 25, 1998) (Judge Paul V. Niemeyer)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Gray, No. 96-4617 (4th Cir.) (137 F.3d 765) (February 25, 1998) (Judge Paul V. Niemeyer) by Case is noted for Judge Murnaghan's strong dissent in which he said that the majority was "forced to spin and exaggerate the underlying facts" in its "valiant" efforts to find probable cause. …

U.S. v. Padilla, No. 97 CR 72 (SAS) (S.D.N.Y.) (986 F.Supp. 163) (August 15, 1997) (Judge Shira A. Scheindlin)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Searches - Plain View

U.S. v. Padilla, No. 97 CR 72 (SAS) (S.D.N.Y.) (986 F.Supp. 163) (August 15, 1997) (Judge Shira A. Scheindlin) by In this case, Judge Scheindlin granted in part defense motions to suppress some of the evidence that was seized during a searh on the grounds that such evidence was not …

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Ailemen, No. CR-94-0003-VRW (WDB) (N.D.Cal.) (986 F.Supp. 1228) (October 24, 1997) (Judge Vaughn R. Walker) by It is impossible to do justice to the significance of this lengthy decision in which first Magistrate Judge Brazil, and then District Judge Walker concluded that the Government had so violated the …

U.S. v. Kithcart, No. 97-1168 (3rd Cir.) (134 F.3d 529) (January 12, 1998) (Judge Samuel A. Jr. Alito)

Article • March 1, 1998 • from P&J March, 1998

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Kithcart, No. 97-1168 (3rd Cir.) (134 F.3d 529) (January 12, 1998) (Judge Samuel A. Jr. Alito) by Here the Court reversed a conviction after the police stopped two black males in a car after receiving radio alerts that two black males had robbed a series of banks, holding …

Goodwin v. Johnson, No. 95-20134 (5th Cir.) (132 F.3d 162) (January 15, 1998) (Judge Carolyn Dineen King)