Search | Punch and Jurists

U.S. v. Stowe, No. 95-3874 (7th Cir.) (100 F.3d 494) (November 12, 1996) (Judge Daniel A. Manion)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Stowe, No. 95-3874 (7th Cir.) (100 F.3d 494) (November 12, 1996) (Judge Daniel A. Manion) by

U.S. v. McDonald, No. 95-1338 (7th Cir.) (100 F.3d 1320) (November 21, 1996) (Judge John L. Coffey)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Abandoned Property

U.S. v. McDonald, No. 95-1338 (7th Cir.) (100 F.3d 1320) (November 21, 1996) (Judge John L. Coffey) by Relying on Abel v. U.S., 362 U.S. 217 (1960), Court held that abandoned property is not subject to Fourth Amendment protections; and that the manipulation of luggage in an overhead rack is …

U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Warrants

U.S. v. Weaver, No. 94-6575 (6th Cir.) (99 F.3d 1372) (November 8, 1996) (Judge Nathaniel R. Jones) by In this case the Court held that the affidavit used to support the search warrant that was obtained was insufficient because of its broad use of boilerplate language that did not meet …

U.S. v. Foster, No. 95-7131 (10th Cir.) (100 F.3d 846) (November 15, 1996) (Judge Michael R. Murphy)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Warrants

U.S. v. Foster, No. 95-7131 (10th Cir.) (100 F.3d 846) (November 15, 1996) (Judge Michael R. Murphy) by This is one of those rare cases in which both the district court and the Tenth Circuit approved a blanket suppression of all evidence seized during a search because the officers had …

U.S. v. Leidner, No. 96-1570 (7th Cir.) (99 F.3d 1423) (November 7, 1996) (Judge William J. Bauer)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Leidner, No. 96-1570 (7th Cir.) (99 F.3d 1423) (November 7, 1996) (Judge William J. Bauer) by In this decision, the Seventh Circuit reversed a lower court ruling that an anticipatory search warrant was constitutionally defective. Such warrants are issued in advance of some type of controlled delivery of …

U.S. v. McDonald, No. 95-1338 (7th Cir.) (100 F.3d 1320) (November 21, 1996) (Judge John L. Coffey)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Searches - Containers/Luggage

U.S. v. McDonald, No. 95-1338 (7th Cir.) (100 F.3d 1320) (November 21, 1996) (Judge John L. Coffey) by Relying on Abel v. U.S., 362 U.S. 217 (1960), Court held that abandoned property is not subject to Fourth Amendment protections; and that the manipulation of luggage in an overhead rack is …

U.S. v. Parks, No. 96-2803 (7th Cir.) (100 F.3d 1300) (November 20, 1996) (Judge William J. Bauer)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Parks, No. 96-2803 (7th Cir.) (100 F.3d 1300) (November 20, 1996) (Judge William J. Bauer) by Court held no Brady-rule violations where Government provided tapes - but not transcripts - before trial.

U.S. v. Rohrig, No. 94-4207 (6th Cir.) (98 F.3d 1506) (October 31, 1996) (Judge Gerald E. Rosen)

Article • December 1, 1996 • from P&J December, 1996

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Rohrig, No. 94-4207 (6th Cir.) (98 F.3d 1506) (October 31, 1996) (Judge Gerald E. Rosen) by United States v. Blount, 98 F.3d 1489 (5th Cir. 1996) (Judge Politz) United States v. Rohrig, 98 F.3d 1506 (6th Cir. 1996) (Judge Rosen) Speaking about "targets that move opportunistically", both of …

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Informants and Paid Witnesses

Carriger v. Stewart, No. 95-99025 (9th Cir.) (95 F.3d 755) (September 24, 1996) (Judge Alex Kozinski) by The cornerstone of Carriger's claim in this case was the testimony of one Robert Dunbar in a 1987 state post-conviction proceedings. Dunbar was the principal witness against Carriger at his 1978 trial for …

U.S. v. Cuellar, No. 95-50118 (9th Cir.) (96 F.3d 1179) (September 17, 1996) (Judge Pamela Ann Rymer)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cuellar, No. 95-50118 (9th Cir.) (96 F.3d 1179) (September 17, 1996) (Judge Pamela Ann Rymer) by QUOTE OF THE WEEK - Some thoughts on the inherent fairness of the obscene payments routinely made to informants: "The use of informants to investigate and prosecute persons engaged in clandestine criminal …

U.S. v. Cuellar, No. 95-50118 (9th Cir.) (96 F.3d 1179) (September 17, 1996) (Judge Pamela Ann Rymer)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cuellar, No. 95-50118 (9th Cir.) (96 F.3d 1179) (September 17, 1996) (Judge Pamela Ann Rymer) by More than 30 years ago, Judge Brown wrote that: "[R]ecognized as is the role of informer in the enforcement of criminal laws, there comes a time when enough is more than enough …

U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins) by Quote from Justice Jackson in which he described the atmosphere under which most police searches are conducted, forcing the citizen to meekly submit or resist at the risk of arrest. QUOTE …

U.S. v. Catton, No. 95-2622 (7th Cir.) (89 F.3d 387) (July 11, 1996) (Judge Richard A. Posner)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, False Statements, Testimony or Documents

U.S. v. Catton, No. 95-2622 (7th Cir.) (89 F.3d 387) (July 11, 1996) (Judge Richard A. Posner) by Here the Court vacated a conviction under 18 UCS § 287 because an expert witness falsely testified that he had obtained information from a neighboring grower of the same crops which indicated …

U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart) by United States v. Lattimore, 87 F.3d 647 (4th Cir. 1996) (Judge Wilkins) (En banc) United States v. Ramirez-Gonzalez, 87 F.3d 712 (5th Cir. 1996) (Judge Stewart) These two Fourth Amendment search cases …

U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Consent

U.S. v. Lattimore, No. 94-5915 (4th Cir.) (87 F.3d 647) (June 25, 1996) (Judge William W. Jr. Wilkins) by Over the strong dissent of six judges, the Court afirmed the validity of a consent given for a search of a car, despite the troopers admission that he searches 97% of …

U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Search and Seizure

U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart) by Quote from Justice Jackson in which he described the atmosphere under which most police searches are conducted, forcing the citizen to meekly submit or resist at the risk of arrest. QUOTE OF …

U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain)

Article • July 1, 1996 • from P&J July, 1996

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

U.S. v. Taghizadeh, No. 95-50222 (9th Cir.) (87 F.3d 287) (June 26, 1996) (Judge Diarmuid F. O'Scannlain) by Court held that "because section 1582 contains no reasonable cause requirement, the other circuits [which have addressed the issue] have held that it authorizes customs agents to search incoming international mail at …

U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Privacy Act/Rights

U.S. v. Gigante, No. 96-1234, No. 2006 (2nd Cir.) (85 F.3d 83) (May 30, 1996) (Per Curiam) by QUOTE OF THE WEEK - More than 100 years ago, Justice Bradley of the Supreme Court wisely admonished against stealthy encroachments into our Constitutional rights with these words: "It may be that …

J.B. Manning Corp. v. U.S., No. 95-55556 (9th Cir.) (86 F.3d 926) (June 19, 1996) (Judge Jerome Farris)

Article • July 1, 1996 • from P&J July, 1996

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

J.B. Manning Corp. v. U.S., No. 95-55556 (9th Cir.) (86 F.3d 926) (June 19, 1996) (Judge Jerome Farris) by In this case the Ninth Circuit joins the Tenth Circuit in holding that the good faith exception to the exclusionary rule does not apply to motions made under Rule 41(e) of …

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (83 F.3d 1247) (May 8, 1996) (Judge Bobby R. Baldock)

Article • June 1, 1996 • from P&J June, 1996

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Cusumano, No. 94-8056 (10th Cir.) (83 F.3d 1247) (May 8, 1996) (Judge Bobby R. Baldock) by Here the Court vacated a panel's prior decision holding that a thermal image scan violated the Fourth Amendment, on the grounds that there were ample other reasons to support the search, making …