Search | Punch and Jurists

Montgomery v. De Simone, No. 97-5179 (3rd Cir.) (159 F.3d 120) (October 16, 1998) (Judge Carol Los Mansmann)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

Montgomery v. De Simone, No. 97-5179 (3rd Cir.) (159 F.3d 120) (October 16, 1998) (Judge Carol Los Mansmann) by Here the Court held that the common law rule, embodied in the Restatement of Torts, that a conviction presumptively establishes the existence of probable cause does not apply in the context …

U.S. v. $141,770.00 in U.S. Currency, No. 97-2393 (8th Cir.) (157 F.3d 600) (October 5, 1998) (Judge David R. Hansen)

Article • November 1, 1998 • from P&J February, 1996

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $141,770.00 in U.S. Currency, No. 97-2393 (8th Cir.) (157 F.3d 600) (October 5, 1998) (Judge David R. Hansen) by Under 21 U.S.C. § 881(a)(6), all money furnished or intended to be furnished in exchange for illegal drugs, all drug proceeds, and all money used or intended to be …

U.S. v. Hurston, No. Crim. 97-81183-DT (E.D.Mich.) (12 F.Supp.2d 630) (June 26, 1998) (Judge Paul D. Borman)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Hurston, No. Crim. 97-81183-DT (E.D.Mich.) (12 F.Supp.2d 630) (June 26, 1998) (Judge Paul D. Borman) by This case involved a 5 a.m. warrantless at-home arrest of the defendant for questioning by 11 police officers with firearms drawn. A Detroit Police Department Lieutenant had ordered the task force to …

U.S. v. Salzano, No. 97-3337 (10th Cir.) (149 F.3d 1238) (July 28, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Salzano, No. 97-3337 (10th Cir.) (149 F.3d 1238) (July 28, 1998) (Judge David M. Ebel) by United States v. Salzano, 149 F.3d 1238 (10th Cir. 1998) (Judge Ebel) United States v. Salzano, 158 F.3d 1107 (10th Cir. 1998) (En Banc) (Judge Ebel) In this case, the Tenth Circuit, …

U.S. v. Beck, No. 97-4143 (8th Cir.) (140 F.3d 1129) (April 6, 1998) (Judge Mark W. Bennett)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Beck, No. 97-4143 (8th Cir.) (140 F.3d 1129) (April 6, 1998) (Judge Mark W. Bennett) by This case is noted not just because the Court reversed a drug conviction on the basis of lack or probable cause to detain the motorist in the first instance, but also because …

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. 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 …

U.S. v. Kennedy, No. 96-2290 (10th Cir.) (131 F.3d 1371) (December 3, 1997) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Kennedy, No. 96-2290 (10th Cir.) (131 F.3d 1371) (December 3, 1997) (Judge David M. Ebel) by Case is noted for its holding that probable cause for a search can be based on alerts by trained dogs; and for its listing of cases in accord at page 1378.

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson) by This forfeiture case shows ease by which the Government can seize cash under the so-called "probable cause standards" that prevail in the Alice-in-Wonderland world of the Federal drug forfeiture statutes. …

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson) by Quote from former Associate Director of DOJ's Asset Forfeiture Program describing the Alice-in-Wonderland attitude of the forfeiture laws. QUOTE OF THE WEEK - The forfeiture laws - legalized treasure hunts. …

U.S. v. Castro, No. 96-40687 (5th Cir.) (129 F.3d 752) (November 19, 1997) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Castro, No. 96-40687 (5th Cir.) (129 F.3d 752) (November 19, 1997) (Judge Henry A. Politz) by This is one of those outlandish cases in which Federal agents convinced local officials to "develop their own probable cause" to stop a target and search him because of their own admitted …

U.S. v. $506,231 in U.S. Currency, No. 06-3308 (7th Cir.) (125 F.3d 442) (September 3, 1997) (Judge William J. Bauer)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. $506,231 in U.S. Currency, No. 06-3308 (7th Cir.) (125 F.3d 442) (September 3, 1997) (Judge William J. Bauer) by Important forfeiture case that holds that mere possession of large sums of cash does not establish a valid narcotics nexus.

U.S. v. Chan-Jimenez, No. 96-10482 (9th Cir.) (125 F.3d 1324) (October 1, 1997) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Chan-Jimenez, No. 96-10482 (9th Cir.) (125 F.3d 1324) (October 1, 1997) (Judge Stephen Reinhardt) by Case reversed a conviction on the grounds that an illegal seizure had been made and there was no valid consent to the ensuing search.

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald) by In this case, the Government sought summary judgment in a civil forfeiture brought against two vehicles owned by the claimant and alleged to have been involved in or purchased …

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. One 1991 Chevrolet Corvette Convertible, No. 95-2769 (W.D.Tenn.) (969 F.Supp. 476) (March 17, 1997) (Judge Bernice B. Donald) by Case denied Government's motion for summary judgment due to lack of probable cause that property was tied to drugs. In this case, the Government sought summary judgment in a …

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. 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 …

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 …

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 …

U.S. v. Wilhelm, No. 94-5764 (4th Cir.) (80 F.3d 116) (April 3, 1996) (Judge Sam J. III Ervin)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Wilhelm, No. 94-5764 (4th Cir.) (80 F.3d 116) (April 3, 1996) (Judge Sam J. III Ervin) by This case is cited because it contains a thoughtful review of (a) the type and degree of probable cause evidence that is needed to support a search warrant and (b) the …