Search | Punch and Jurists

U.S. v. Garcia, No. 94-6673 (4th Cir.) (65 F.3d 17) (September 11, 1995) (Judge Kenneth K. Hall)

Article • October 1, 1995

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

U.S. v. Garcia, No. 94-6673 (4th Cir.) (65 F.3d 17) (September 11, 1995) (Judge Kenneth K. Hall) by Over the dissent of Judge Murhaghan, the Court held that at the conclusion of criminal proceedings, jurisdiction to recover the return of seized property is proper only in the district where the …

U.S. v. Robinson, No. 92-6951 (11th Cir.) (62 F.3d 1325) (August 31, 1995) (Judge Stanley F. Jr. Birch)

Article • September 1, 1995

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Robinson, No. 92-6951 (11th Cir.) (62 F.3d 1325) (August 31, 1995) (Judge Stanley F. Jr. Birch) by Case held that the defendants failed to manifest a subjective expectation of privacy in the excess heat generated by a thermal image search.

U.S. v. Cabassa, No. 94-1251, No. 517 (2nd Cir.) (62 F.3d 470) (August 11, 1995) (Judge Ralph K. Jr. Winter)

Article • September 1, 1995

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

U.S. v. Cabassa, No. 94-1251, No. 517 (2nd Cir.) (62 F.3d 470) (August 11, 1995) (Judge Ralph K. Jr. Winter) by This case reverses a decision by Judge Patterson who permitted the Government to introduce evidence seized during a warrantless search of the defendant's apartment on the grounds of the …

U.S. v. Cabassa, No. 94-1251, No. 517 (2nd Cir.) (62 F.3d 470) (August 11, 1995) (Judge Ralph K. Jr. Winter)

Article • September 1, 1995

Filed under: Punch And Jurists, Inevitable Discovery Doctrine

U.S. v. Cabassa, No. 94-1251, No. 517 (2nd Cir.) (62 F.3d 470) (August 11, 1995) (Judge Ralph K. Jr. Winter) by This case reverses a decision by Judge Patterson who permitted the Government to introduce evidence seized during a warrantless search of the defendant's apartment on the grounds of the …

Merrett v. Moore, No. 93-2510 (11th Cir.) (58 F.3d 1547) (July 25, 1995) (Judge James Larry Edmondson)

Article • August 1, 1995

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Merrett v. Moore, No. 93-2510 (11th Cir.) (58 F.3d 1547) (July 25, 1995) (Judge James Larry Edmondson) by This appears to be the only Circuit court decision holding that mixed-motive checkpoints are lawful so long as at least one of the underlying purposes of the search - no matter how …

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins)

Article • August 1, 1995

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Karterman, No. 93-30408 (9th Cir.) (60 F.3d 576) (July 13, 1995) (Judge Charles E. Wiggins) by Case affirmed an obstruction of justice enhancement based on testimony of witness who received benefits from the Government for her testimony and who admitted she had been a drug user.

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes)

Article • July 1, 1995

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Shrader, No. 94-1830 (1st Cir.) (56 F.3d 288) (May 23, 1995) (Judge Hugh H. Bownes) by Case held that the district court did not clearly err in disbelieving defendant's testimony and crediting affidavits of cooperating witnesses for sentencing purposes. This is one of those cases that shows the …

U.S. v. Rico, No. 93-2237 (5th Cir.) (51 F.3d 495) (April 21, 1995) (Judge Jacques L. Jr. Wiener)

Article • May 1, 1995

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Rico, No. 93-2237 (5th Cir.) (51 F.3d 495) (April 21, 1995) (Judge Jacques L. Jr. Wiener) by Case is noted for its lengthy discussion of "manufactured exigencies" and its holding that bad faith of the part of the police officers is not required because "exigencies can be manufactured …

U.S. v. Ishmael, No. 94-40159 (5th Cir.) (48 F.3d 850) (March 15, 1995) (Judge Harold R. Jr. DeMoss)

Article • April 1, 1995

Filed under: Punch And Jurists, Searches - Thermal Imager

U.S. v. Ishmael, No. 94-40159 (5th Cir.) (48 F.3d 850) (March 15, 1995) (Judge Harold R. Jr. DeMoss) by In this case, a thermal imager was used to support an application for a search warrant for marijuana. It was not used on the defendant's residence but on an adjacent building; …

U.S. v. Czuprynski, No. 93-1079 (6th Cir.) (46 F.3d 560) (February 10, 1995) (Judge Cornelia G. Kennedy)

Article • March 1, 1995

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Czuprynski, No. 93-1079 (6th Cir.) (46 F.3d 560) (February 10, 1995) (Judge Cornelia G. Kennedy) by Case summary from the December 1998 Issue of The Champion, the Publication of the NACDL RICO Report By Barry Tarlow Barry Tarlow is a nationally prominent criminal defense lawyer practicing in Los …

U.S. v. Restrepo, No. 94-CR-551 (E.D.N.Y.) (890 F.Supp. 180) (June 6, 1995) (Judge Jack B. Weinstein)

Article • January 1, 1995

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Restrepo, No. 94-CR-551 (E.D.N.Y.) (890 F.Supp. 180) (June 6, 1995) (Judge Jack B. Weinstein) by Among other things, Judge Weinstein noted: "Guevara was stopped and questioned solely because he was driving a car with out-of-state license plates and appeared to be Hispanic. This practice is apparently not uncommon. …

U.S. v. Boyd, No. 95-1050 (7th Cir.) (55 F.3d 239) (May 10, 1995) (Judge Richard A. Posner)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Boyd, No. 95-1050 (7th Cir.) (55 F.3d 239) (May 10, 1995) (Judge Richard A. Posner) by In this case the Seventh Circuit specifically disavowed the existence of a claim of outrageous government conduct in violation of the Due Process Clause based on the Government's use of a contingent …

U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott) by This is an important case dealing with the problems of paid-informant testimony.

U.S. v. Parker, No. 93-2006 (7th Cir.) (25 F.3d 442) (May 24, 1994) (Judge John L. Coffey)

Article • January 1, 1994

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

U.S. v. Parker, No. 93-2006 (7th Cir.) (25 F.3d 442) (May 24, 1994) (Judge John L. Coffey) by "On appeal, Parker does not deny that he testified falsely at his plea hearing, but insists that this false testimony did not amount to obstruction of justice because (1) he did not …

U.S. v. Cardona-Sandoval, No. 92-1385 (1st Cir.) (6 F.3d 15) (September 29, 1993) (Judge Juan R. Torruella)

Article • January 1, 1994

Filed under: Punch And Jurists, Unlawful Entry/Conduct

U.S. v. Cardona-Sandoval, No. 92-1385 (1st Cir.) (6 F.3d 15) (September 29, 1993) (Judge Juan R. Torruella) by Judge Cry, dissenting, stated: "Although the stem-to-stern destructive search of the drydocked vessel exceeded whatever reasonable limits inhere in a safety and document inspection, I believe the defendant crew members failed to …

U.S. v. Jannotti, No. 81-1020 (3rd Cir.) (673 F.2d 578) (February 11, 1982) (Judge Dolores K. Sloviter)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Jannotti, No. 81-1020 (3rd Cir.) (673 F.2d 578) (February 11, 1982) (Judge Dolores K. Sloviter) by "The religious and political refugees who came to this land at the turn of the century had much to fear from the old country's secret police, but one of the greatest abhorrences …

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner) by Here the 7th Circuit held that a heightened standard of scrutiny is required when dealing with evidence provided by persons who serve in a dual capacity such as a drug addict and …

U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Bernal-Obeso, No. 91-50796 (9th Cir.) (989 F.2d 331) (March 29, 1993) (Judge Stephen S. Trott) by This is an important case dealing with the problems of paid-informant testimony, where the court warned that informants who are granted immunity are "by definition . . . cut from untrustworthy cloth …

Franklin v. Foxworth, No. 92-35214 (9th Cir.) (31 F.3d 873) (August 2, 1994) (Judge Stephen Reinhardt)

Article • January 1, 1994

Filed under: Punch And Jurists, Privacy Act/Rights

Franklin v. Foxworth, No. 92-35214 (9th Cir.) (31 F.3d 873) (August 2, 1994) (Judge Stephen Reinhardt) by In this case, acting on a tip, some 23 police officers descended on a home occupied by three people, one of whom was pregnant, and another suffered from advanced multiple sclerosis. So bad …

U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (800 F.2d 452) (August 5, 1986) (Judge Irving Loeb Goldberg)

Article • January 1, 1994

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (800 F.2d 452) (August 5, 1986) (Judge Irving Loeb Goldberg) by The decision is particularly noted for Judge Goldberg's strong concluding statement in the decision, where he wrote: "One of the basics of our jurisprudence is the search for truth, and by this …