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U.S. v. Lemus, No. 08-50403 (9th Cir.) (582 F.3d 958) (September 22, 2009) (Judge Jay S. Bybee)

Article • December 1, 2009

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Lemus, No. 08-50403 (9th Cir.) (582 F.3d 958) (September 22, 2009) (Judge Jay S. Bybee) by Defendant was charged with being a felon knowingly in possession of a firearm in violation of 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2). The United States District Court for the Southern District of …

Spinelli v. City of New York, No. 07-1237-cv (2nd Cir.) (579 F.3d 160) (August 7, 2009) (Judge John M. Jr. Walker)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Searches - Administrative

Spinelli v. City of New York, No. 07-1237-cv (2nd Cir.) (579 F.3d 160) (August 7, 2009) (Judge John M. Jr. Walker) by In an action arising from defendants' confiscation of plaintiff's firearms inventory and suspension of her dealer's license, dismissal of plaintiffs' due process, Fourth Amendment, and tortious interference with …

U.S. v. Lucky, No. 08-1939-cr (2nd Cir.) (569 F.3d 101) (June 19, 2009) (Judge Guido Calabresi)

Article • July 1, 2009 • from P&J July, 2009

Filed under: Punch And Jurists, Reasonable Suspicion

U.S. v. Lucky, No. 08-1939-cr (2nd Cir.) (569 F.3d 101) (June 19, 2009) (Judge Guido Calabresi) by Defendant's firearm possession conviction is affirmed where, when police stopped Defendant's car, they had reasonable suspicion in light of the fact that the automobile had the same license plate number and description as …

U.S. v. Crabtree, No. 08-4411 (4th Cir.) (565 F.3d 887) (May 19, 2009) (Judge William B. Jr. Traxler)

Article • June 1, 2009 • from P&J June, 2009

Filed under: Punch And Jurists, Wiretap Evidence

U.S. v. Crabtree, No. 08-4411 (4th Cir.) (565 F.3d 887) (May 19, 2009) (Judge William B. Jr. Traxler) by This is an interesting decision in which the Fourth Circuit vacated a defendant’s conviction and two-year sentence for violating the terms of his supervised release because the district court had committed …

U.S. v. Hayes, No. 07-0063-cr (2nd Cir.) (551 F.3d 138) (December 24, 2008) (Judge Roger J. Miner)

Article • February 1, 2009 • from P&J February, 2009

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

U.S. v. Hayes, No. 07-0063-cr (2nd Cir.) (551 F.3d 138) (December 24, 2008) (Judge Roger J. Miner) by Conviction for possession with intent to distribute cocaine is affirmed over a claim of erroneous denial of a motion to suppress based on assertions that: 1) the area of scrub brush where …

Associated Press v. U.S. Department of Justice, No. 07-1384-cv (2nd Cir.) (549 F.3d 62) (December 1, 2008) (Per Curiam)

Article • January 1, 2009 • from P&J January, 2009

Filed under: Punch And Jurists, Privacy Act/Rights

Associated Press v. U.S. Department of Justice, No. 07-1384-cv (2nd Cir.) (549 F.3d 62) (December 1, 2008) (Per Curiam) by In a matter brought by Associated Press for denial of request for any petitions seeking to reduce a twenty-two year prison sentence of John Walker Lindh, convicted of aiding the …

U.S. v. Falso, No. 06-2721-cr (2nd Cir.) (544 F.3d 110) (September 25, 2008) (Judge Sonia Sotomayor)

Article • November 1, 2008 • from P&J November, 2008

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Falso, No. 06-2721-cr (2nd Cir.) (544 F.3d 110) (September 25, 2008) (Judge Sonia Sotomayor) by Editor's Note: For commentaries on this decision, see • "2nd Circuit Divides Over Warrant in Internet Child Porn Case," by Mark Hamblett, as published in the New York Law Journal, October 1, 2008, …

U.S. v. Klump, No. 06-0339-cr (2nd Cir.) (536 F.3d 113) (August 4, 2008) (Judge Joseph M. McLaughlin)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Klump, No. 06-0339-cr (2nd Cir.) (536 F.3d 113) (August 4, 2008) (Judge Joseph M. McLaughlin) by [Editor's Note: For a commentary on this decision, see "Second Circuit Affirms Imposition of a Ten-Year Statutory Mandatory Minimum in Place at the Time of the Offense Despite Its Expiration Prior to …

Terry v. Ohio, No. 67 (U.S. Supreme Court) (392 U.S. 1; 88 S.Ct. 1868) (June 10, 2068) (Justice Warren)

Article • August 19, 2008

Filed under: Punch And Jurists, Reasonable Suspicion

Terry v. Ohio, No. 67 (U.S. Supreme Court) (392 U.S. 1; 88 S.Ct. 1868) (June 10, 2068) (Justice Warren) by In this seminal case on investigative stops (which have come to be called "Terry stops"), the Court defined one of the few exceptions to the prohibition against warrantless searches of …

U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Porter, No. 03-CR-0129(CPS) (E.D.N.Y.) (555 F.Supp.2d 341) (April 11, 2008) (Judge Charles P. Sifton) by The defendant in this case was convicted of a number of counts of possession and distribution of child pornography. His sentence included a term of supervised release with a special condition that he …

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (558 F.Supp.2d 304) (March 20, 2008) (Judge Joseph F. Bianco)

Article • June 1, 2008 • from P&J June, 2008

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Graziano, No. 07-CR-0508 (JFB) (E.D.N.Y.) (558 F.Supp.2d 304) (March 20, 2008) (Judge Joseph F. Bianco) by As a Government agent in this case observed, computers can be repositories of one’s most private, even subconscious, thoughts. Asked why he examined Internet history files when searching a defendant’s computer for …

Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia)

Article • January 2, 2008 • from P&J May, 2001

Filed under: Punch And Jurists, Searches - Thermal Imager

Kyllo v. U.S., No. 99-8508 (U.S. Supreme Court) (533 U.S. 27; 121 S.Ct. 2038) (June 11, 2001) (Justice Scalia) by In this case, a sharply divided Supreme Court ruled that the use by police of a thermal imaging device to detect heat patterns coming from a private home is a …

U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley)

Article • October 1, 2007 • from P&J October, 2007

Filed under: Punch And Jurists, Searches - Knock and Announce

U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley) by For a summary of the holding in this case, see "Breach of Announce Rule Not Linked to Suppression - Circuit Finds Forced Entry No Basis for Exclusion," by Mark Hamblett, New York …

Brown v. Bureau of Prisons, No. 06-1606 (GK) (D.D.C.) (498 F.Supp.2d 298) (August 6, 2007) (Judge Gladys Kessler)

Article • September 1, 2007 • from P&J September, 2007

Filed under: Punch And Jurists, Privacy Act/Rights

Brown v. Bureau of Prisons, No. 06-1606 (GK) (D.D.C.) (498 F.Supp.2d 298) (August 6, 2007) (Judge Gladys Kessler) by Whitney Brown is serving a 360-month sentence in a Federal prison. He brought a civil action against the Federal Bureau of Prisons (BOP), under the Privacy Act, 5 U.S.C. § 552a …

Doe v. Gonzales, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (500 F.Supp.2d 379) (September 6, 2007) (Judge Victor Marrero)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, USA Patriot Act

Doe v. Gonzales, No. 04 Civ. 2614 (VM) (S.D.N.Y.) (500 F.Supp.2d 379) (September 6, 2007) (Judge Victor Marrero) by For the second time in three years, Judge Marrero has concluded that a key component of the USA Patriot Act, namely, 18 U.S.C. § 2709 relating to the issuance of a …

Electronic Privacy Information Center v. Dept. of Justice, No. Civ. No. 06-00096 (HHK) (D.D.C.) (511 F.Supp.2d 56) (September 5, 2007) (Judge Henry H. Jr. Kennedy)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, NSA Domestic Spying Program

Electronic Privacy Information Center v. Dept. of Justice, No. Civ. No. 06-00096 (HHK) (D.D.C.) (511 F.Supp.2d 56) (September 5, 2007) (Judge Henry H. Jr. Kennedy) by In this consolidated case, the Electronic Privacy Information Center (EPIC) and the ACLU filed a series of claims against the Department of Justice (DOJ) …

U.S. v. Howard, No. 06-0457-cr (2nd Cir.) (489 F.3d 484) (June 5, 2007) (Judge Sonia Sotomayor)

Article • August 1, 2007 • from P&J August, 2007

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Howard, No. 06-0457-cr (2nd Cir.) (489 F.3d 484) (June 5, 2007) (Judge Sonia Sotomayor) by For an analysis of the holding in this case, see "Troopers' Trickery In Searching Cars Ruled Constitutional," by Mark Hamblett, as published in the New York Law Journal, June 6, 2007: June 6, …

U.S. v. Aukai, No. 04-10226 (9th Cir.) (497 F.3d 955) (August 10, 2007) (Judge Carlos T. Bea)

Article • July 1, 2007 • from P&J July, 2007

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Aukai, No. 04-10226 (9th Cir.) (497 F.3d 955) (August 10, 2007) (Judge Carlos T. Bea) by The defendant in this case, Daniel Aukai, showed up at the Honolulu International Airport without any identification. He passed through the metal detector without triggering any alarm, but he was automatically subject …

A.C.L.U. v. National Security Agency, No. 06-2095 (6th Cir.) (493 F.3d 644) (July 6, 2007) (Judge Alice M. Batchelder)

Article • June 1, 2007 • from P&J June, 2007

Filed under: Punch And Jurists, NSA Domestic Spying Program

A.C.L.U. v. National Security Agency, No. 06-2095 (6th Cir.) (493 F.3d 644) (July 6, 2007) (Judge Alice M. Batchelder) by In the first appeals court ruling on the Bush Administration's controversial electronic spying program, known as the Terrorist Surveillance Program (“TSP”), a divided panel from the Sixth Circuit vacated Judge …

Michigan v. Summers, No. 79-1794 (U.S. Supreme Court) (452 U.S. 692; 101 S.Ct. 2587) (June 22, 1981) (Justice Stevens)

Article • April 10, 2007

Filed under: Punch And Jurists, Probable/Proximate Cause

Michigan v. Summers, No. 79-1794 (U.S. Supreme Court) (452 U.S. 692; 101 S.Ct. 2587) (June 22, 1981) (Justice Stevens) by In this case, the Detroit police obtained a warrant to search a house for narcotics. Just as they arrived, they encountered Summers descending the front steps. In an action the …