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Article • January 1, 1994
U.S. v. Little, No. 92-2155 (10th Cir.) (18 F.3d 1499) (March 22, 1994) (Judge Stephen H. Anderson) by In this case the Government appealed from an order of the district court granting suppression of evidence, because the police had failed to advise the passenger on the train that he was …
Article • January 1, 1994
U.S. v. Kelly, No. HCR 90-72 (N.D.Ind.) (872 F.Supp. 556) (August 3, 1994) (Judge James T. Moody) by This case discusses the use of a motion under Rule 41(e) of the Fed.R.Crim.P. by a defendant to get his property back even after his criminal proceedings have been terminated. The court …
Article • January 1, 1994
U.S. v. Solorio, No. 93-50507 (9th Cir.) (37 F.3d 954) (September 20, 1994) (Judge Dorothy Wright Nelson) by This decision, which was subsequently withdrawn without explanation, is noted for its unusually harsh words about the perverse incentives that arise from paying informants for their testimony. "This type of arrangement creates …
Article • January 1, 1994
U.S. v. Giovanelli, No. 92-1737, No. 1320 (2nd Cir.) (998 F.2d 116) (July 6, 1993) (Judge Whitman Knapp) by Here the Court held that the district court which presided over the underlying crimial proceeding had jurisdiction over a Rule 41(e) motion brought after conclusion of the criminal matter even though …
Article • January 1, 1994
U.S. v. Markwood, No. 93-2059 (6th Cir.) (48 F.3d 975) (March 17, 1995) (Judge Boyce F. Jr. Martin) by
Article • January 1, 1994
U.S. v. Ibarra, No. 91-2922 (5th Cir.) (965 F.2d 1354) (June 30, 1992) (Per Curiam) by In his dissent, Judge Jolly (joined by six other judges) stated: "I would affirm the district court because the law enforcement officers breached the Fourth Amendment when they interpreted Robert Franklin Chambers' simple consent …
Article • January 1, 1994
Filed under: Punch And Jurists, Consent
U.S. v. Daniels, No. 89-2014 (7th Cir.) (902 F.2d 1238) (May 10, 1990) (Judge Richard A. Posner) by In this case the Seventh Circuit expressed valid concerns about implying consent merely because a prisoner has notice of phone call monitoring; although it ultimately approved the use of such evidence. "The …
Article • January 1, 1994
U.S. v. Cervantes-Pacheco, No. 84-2687 (5th Cir.) (826 F.2d 310) (August 21, 1987) (Judge W. Eugene Davis) by
Article • January 1, 1994
U.S. v. Covarrubia, No. 94-161 MV (D.N.M.) (911 F.Supp. 1409) (September 2, 1994) (Judge Martha Vazquez) by United States v. Covarrubia, 911 F.Supp. 1409 (D.N.M. 1994) (Judge Vazquez) United States v. Carrillo-Bernal, 912 F.Supp. 488 (D.N.M. 1994) (Judge Vazquez) When one reads these two decisions, it will become clear why …
Article • January 1, 1994
Mora v. U.S., No. 91-2225, No. 318 (2nd Cir.) (955 F.2d 156) (January 22, 1992) (Judge Richard J. Cardamone) by Here the Court reversed the district court's ruling that the petitioner was not entitled to a remedy under Rule 41(e) for the return of property that the Government had lost, …
Article • January 1, 1994 • from P&J March, 1996
U.S. v. Covarrubia, No. 94-161 MV (D.N.M.) (911 F.Supp. 1409) (September 2, 1994) (Judge Martha Vazquez) by Judge Vazquez firmly granted a motion to suppress evidence on the basis of lack of probable cause, even though defendant was driving on a well known drug and alien smuggling route three miles …
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