Search | Punch and Jurists

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. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood)

Article • August 1, 1997 • from P&J August, 1997

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

U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood) by Case held that defendant did not have objectively reasonable expectation of privacy in garbage cans located close to house.

U.S. v. Shugart, No. 96-40508 (5th Cir.) (117 F.3d 838) (July 14, 1997) (Judge Fortunato P. Benavides)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Shugart, No. 96-40508 (5th Cir.) (117 F.3d 838) (July 14, 1997) (Judge Fortunato P. Benavides) by Here, even though the warrant in question had failed to describe the items to be searched with sufficient particularity, the Court upheld the validity of the search based on the officers' good …

U.S. v. Guimond, No. 95-6207 (6th Cir.) (116 F.3d 166) (June 17, 1997) (Judge Allen E. Norris)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Consent

U.S. v. Guimond, No. 95-6207 (6th Cir.) (116 F.3d 166) (June 17, 1997) (Judge Allen E. Norris) by United States v. Howard, 115 F.3d 1151 (4th Cir. 1997) (Judge Wilkinson) United States v. Guimond, 116 F.3d 166 (6th Cir. 1997) (Judge Norris) According to the latest Government statistics, during 1995 …

U.S. v. McFarland, No. 96-3141EM (8th Cir.) (116 F.3d 316) (June 5, 1997) (Judge George G. Fagg)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Stalking Horse

U.S. v. McFarland, No. 96-3141EM (8th Cir.) (116 F.3d 316) (June 5, 1997) (Judge George G. Fagg) by At the time the searches in dispute in this case were carried out, the defendant/appellant McFarland was on parole from a California prison, subject to this condition: "You and your residence and …

U.S. v. $49,576.00 U.S. Currency, No. 95-56170 (9th Cir.) (116 F.3d 425) (June 25, 1997) (Judge Alex Kozinski)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $49,576.00 U.S. Currency, No. 95-56170 (9th Cir.) (116 F.3d 425) (June 25, 1997) (Judge Alex Kozinski) by Alerted by a suspicious American Airlines agent, DEA officials stopped a "very nervous" passenger getting off a plane in California, and seized $49,576 he was carrying in a locked bag. The …

U.S. v. Santos, No. 96-Cr. 168(SAS) (S.D.N.Y.) (961 F.Supp. 71) (May 15, 1997) (Judge Shira A. Scheindlin)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Searches - Inventory

U.S. v. Santos, No. 96-Cr. 168(SAS) (S.D.N.Y.) (961 F.Supp. 71) (May 15, 1997) (Judge Shira A. Scheindlin) by Towards the end of her decision in which she threw out the results of an FBI inventory search, Judge Scheindlin quoted from a recent article in the Journal of Criminal Justice in …

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Fields, No. 96-1168, No. 431 (2nd Cir.) (113 F.3d 313) (May 12, 1997) (Judge Richard J. Cardamone) by Although the Court affirmed the defendant's conviction, the Court did reject the Government's argument that the illegal nature of the defendant's activities made any expectation of privacy regarding his premises …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (113 F.3d 515) (May 14, 1997) (Judge Jacques L. Jr. Weiner)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (113 F.3d 515) (May 14, 1997) (Judge Jacques L. Jr. Weiner) by Government thought control? You decide. Earlier this year a panel of Fifth Circuit judges wrote a decision, originally reported at 103 F.3d 1207 (5th Cir. 1997) ("Bradfield I"), in which it …

U.S. v. Khounsavanh, No. 96-1244 (1st Cir.) (113 F.3d 279) (May 16, 1997) (Judge Hugh H. Bownes)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Khounsavanh, No. 96-1244 (1st Cir.) (113 F.3d 279) (May 16, 1997) (Judge Hugh H. Bownes) by United States v. Khounsavanh, 113 F.3d 279 (1st Cir. 1997) (Judge Bownes) United States v. Fields, 113 F.3d 313 (2nd Cir. 1997) (Judge Cardamone) Sadly, the unrelenting assault on the Fourth Amendment …

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (112 F.3d 19) (April 29, 1997) (Per Curiam)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Exigent Circumstances

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (112 F.3d 19) (April 29, 1997) (Per Curiam) by Case is noted for Judge Selya's rare dissent in which he observed: "In the absence of exigent circumstances - and nothing in the instant record suggests any exigency, let alone demonstrates …

U.S. v. Palacios, No. S3 96 Cr. 372 (MGC) (S.D.N.Y.) (957 F.Supp. 50) (March 7, 1997) (Judge Miriam Goldman Cedarbaum)