Search | Punch and Jurists

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins)

Article • March 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Taylor, No. 3:99-00339 (D.S.C.) (956 F.Supp. 622) (February 28, 1997) (Judge Falcon B. Hawkins) by This is a powerful and disturbing decision by Judge Hawkins of South Carolina in which he dismissed with prejudice a series of indictments against a number of legislators due to egregious prosecutorial misconduct …

U.S. v. Wood, No. 96-3141 (10th Cir.) (106 F.3d 942) (February 7, 1997) (Judge Paul J. Jr. Kelly)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Wood, No. 96-3141 (10th Cir.) (106 F.3d 942) (February 7, 1997) (Judge Paul J. Jr. Kelly) by This case may go down in history as the last Federal case to suppress evidence seized during a warrantless search of an automobile due to a lack of any "particularized and …

U.S. v. Santiago, No. 96 Cr. 698 (S.D.N.Y.) (950 F.Supp. 590) (December 31, 1996) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Santiago, No. 96 Cr. 698 (S.D.N.Y.) (950 F.Supp. 590) (December 31, 1996) (Judge Shira A. Scheindlin) by Court granted motion to suppress in grounds that a roving police patrol had no legal right to stop and search taxis on the basis of an articulated purpose of random safety …

Bassett v. Singletary, No. 95-2519 (11th Cir.) (105 F.3d 1385) (February 20, 1997) (Per Curiam)

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

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Bassett v. Singletary, No. 95-2519 (11th Cir.) (105 F.3d 1385) (February 20, 1997) (Per Curiam) by Case held that rule established in Minnick v. Mississippi, 498 U.S. 146 (1990) was a new rule of law that did not apply retroactively and thus it affirmed a conviction where the police had …

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (104 F.3d 507) (January 17, 1997) (Judge Juan R. Torruella)

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

Filed under: Punch And Jurists, Exigent Circumstances

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (104 F.3d 507) (January 17, 1997) (Judge Juan R. Torruella) by Here the Court stated: "We have never held, and do not now hold, that police pursuit of the subject of an arrest warrant automatically justifies the warrantless entry of …

U.S. v. Conner, No. CR 96-4010-DEO (N.D.Iowa) (948 F.Supp. 821) (November 22, 1996) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Conner, No. CR 96-4010-DEO (N.D.Iowa) (948 F.Supp. 821) (November 22, 1996) (Judge Mark W. Bennett) by Court vacated a conviction based on an illegal search of a motel room. With his usual meticulous care and eloquent style, Judge Bennett has presented another detailed and valuable primer on a …

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bradfield, No. 94-60730 (5th Cir.) (103 F.3d 1207) (January 9, 1997) (Judge Jacques L. Jr. Weiner) by See the subsequent decision in this case, reported at 113 F.3d 515, where the court vacated that portion of this decision that required a special instruction dealing with the credibility of …

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter) by Maxwell v. City of New York, 102 F.3d 664 (2nd Cir. 1996) (Judge Winter) Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1996) (Judge Reinhardt) Reading …

U.S. v. Jones, No. 95-1539 (6th Cir.) (102 F.3d 804) (December 17, 1996) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Privacy Act/Rights

U.S. v. Jones, No. 95-1539 (6th Cir.) (102 F.3d 804) (December 17, 1996) (Judge Eugene E. Jr. Siler) by QUOTE OF THE WEEK - Another view of the evils of entrapment in general. "We are rapidly entering the age of no privacy, where everyone is open to surveillance at all …

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Warrants - General Search

Marks v. Clarke, No. 93-36092 (9th Cir.) (102 F.3d 1012) (December 19, 1996) (Judge Stephen Reinhardt) by After unlawful search police are not entitled to qualified immunity in civil rights action for damages.

U.S. v. Pearl, No. 96-46-P-C (D.Me.) (944 F.Supp. 51) (November 6, 1996) (Judge Gene Carter)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Pearl, No. 96-46-P-C (D.Me.) (944 F.Supp. 51) (November 6, 1996) (Judge Gene Carter) by Here the district court took a rare stance of disbelief against a police officer who concocted a story of Superman-like abilities to see in the dark in his creative efforts to convince the court …

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter)

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

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter) by

U.S. v. Cook, No. 96-1814 (7th Cir.) (102 F.3d 249) (December 5, 1996) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cook, No. 96-1814 (7th Cir.) (102 F.3d 249) (December 5, 1996) (Judge Frank H. Easterbrook) by Court approved use of special instructions to warn jury that paid informant's testimony may be particularly suspect. In this case, both the majority decision and Judge Ripple's concurring decision discuss at length …

U.S. v. Hudson, No. 95-50359 (9th Cir.) (100 F.3d 1409) (November 20, 1996) (Judge Michael Daly Hawkins)