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Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (483 F.3d 965) (April 16, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Warrantless Searches

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (483 F.3d 965) (April 16, 2007) (Per Curiam) by From the Decision of the Day Blog: Another week, another Ninth Circuit denial of en banc review in a case that scales back the Fourth Amendment. Back in September, I blogged …

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (483 F.3d 836) (April 17, 2007) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (483 F.3d 836) (April 17, 2007) (Judge Douglas Ginsburg) by In U.S. v. Powell, 451 F.3d 682 (D.C. Cir. June 23, 2006) (“Powell I”), a divided panel held that a warrantless “search incident to arrest” can only take place after an arrest. After …

U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber) by Admirers of one of the greatest Fourth Amendment champions still on the bench will be interested in this Ninth Circuit decision, which affirms a defendant’s conviction for being a felon in possession …

U.S. v. Garcia, No. 06-2741 (7th Cir.) (474 F.3d 994) (February 2, 2007) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Garcia, No. 06-2741 (7th Cir.) (474 F.3d 994) (February 2, 2007) (Judge Richard A. Posner) by The issue before the Court in this case was whether the Fourth Amendment permits the government to surreptitiously install a GPS tracking device on a suspect’s car and then track his movements. …

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (464 F.3d 916) (September 19, 2006) (Judge A. Wallace Tashima)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Search and Seizure

Sanchez v. County of San Diego, No. 04-55122 (9th Cir.) (464 F.3d 916) (September 19, 2006) (Judge A. Wallace Tashima) by From the Decision of the Day Blog: In this interesting Fourth Amendment case, a divided Ninth Circuit panel rejects a constitutional challenge to County officials’ policy of conducting a …

U.S. v. Srivastava, No. Crim. No. RWT 05-0482 (D.Md.) (444 F.Supp.2d 385) (August 4, 2006) (Judge Roger W. Titus)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Warrants - General Search

U.S. v. Srivastava, No. Crim. No. RWT 05-0482 (D.Md.) (444 F.Supp.2d 385) (August 4, 2006) (Judge Roger W. Titus) by

Paul v. Davis, No. 74-891 (U.S. Supreme Court) (424 U.S. 693; 96 S.Ct. 1155) (March 23, 1976) (Justice Rehnquist)

Article • November 5, 2006

Filed under: Punch And Jurists, Privacy Act/Rights

Paul v. Davis, No. 74-891 (U.S. Supreme Court) (424 U.S. 693; 96 S.Ct. 1155) (March 23, 1976) (Justice Rehnquist) by In this case the Court explained that the Due Process Clause makes actionable many wrongs inflicted by government employees which had theretofore been considered immune from liability. In that case, …

McIntyre v. U.S., No. 01-CV-10408-RCL (D.Mass.) (447 F.Supp.2d 54) (September 5, 2006) (Judge Reginald C. Lindsay)

Article • October 1, 2006 • from P&J October, 2006

Filed under: Punch And Jurists, Wrongful Death Action

McIntyre v. U.S., No. 01-CV-10408-RCL (D.Mass.) (447 F.Supp.2d 54) (September 5, 2006) (Judge Reginald C. Lindsay) by Following an 18-day bench trial, District Judge Reginald Lindsay issued this stinging, 110-page rebuke of the FBI's mishandling of longtime informants James “Whitey” Bulger and Stephen “The Rifleman" Flemmi for their role in …

Muslim Community Ass'n of Ann Arbor v. Ashcroft, No. 03-cv-72913-DT (E.D.Mich.) (459 F.Supp.2d 592) (September 29, 2006) (Judge Denise Page Hood)

Article • September 1, 2006 • from P&J September, 2006

Filed under: Punch And Jurists, USA Patriot Act

Muslim Community Ass'n of Ann Arbor v. Ashcroft, No. 03-cv-72913-DT (E.D.Mich.) (459 F.Supp.2d 592) (September 29, 2006) (Judge Denise Page Hood) by In 2003, the ACLU filed this lawsuit on behalf of the Muslim Community Association of Ann Arbor and five other non-profit groups, charging that Section 215 of the …

U.S. v. Adjani, No. 05-50092 (9th Cir.) (452 F.3d 1140) (July 11, 2006) (Judge Raymond C. Fisher)

Article • August 1, 2006 • from P&J August, 2006

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Adjani, No. 05-50092 (9th Cir.) (452 F.3d 1140) (July 11, 2006) (Judge Raymond C. Fisher) by The Government sought review of an order from the United States District Court for the Central District of California, which granted a motion filed by defendant and codefendant to suppress their e-mail …

MacWade v. Kelly, No. 05-6754-cv (2nd Cir.) (460 F.3d 260) (August 11, 2006) (Judge Chester J. Straub)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Special Needs Exception

MacWade v. Kelly, No. 05-6754-cv (2nd Cir.) (460 F.3d 260) (August 11, 2006) (Judge Chester J. Straub) by In this decision, the Second Circuit rejected a challenge by the New York Civil Liberties Union to the constitutionality of a program, instituted by the New York City Transit system, which allowed …

A.C.L.U. v. National Security Agency, No. 06-CV-10204 (E.D.Mich.) (438 F.Supp.2d 754) (August 17, 2006) (Judge Anna Diggs Taylor)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, NSA Domestic Spying Program

A.C.L.U. v. National Security Agency, No. 06-CV-10204 (E.D.Mich.) (438 F.Supp.2d 754) (August 17, 2006) (Judge Anna Diggs Taylor) by In the first judicial assessment of the secret National Security Agency’s super-secret domestic program to wiretap the international communications of some Americans without a warrant or other judicial approval, 73-year old …

U.S. v. Hill, No. 05-50219 (9th Cir.) (459 F.3d 966) (August 11, 2006) (Judge Raymond C. Fisher)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet

U.S. v. Hill, No. 05-50219 (9th Cir.) (459 F.3d 966) (August 11, 2006) (Judge Raymond C. Fisher) by Prof. Orin S. Kerr alerted us to this child-pornography/computer-search ruling which, he stated, has “created a new constitutional rule for the execution of computer searches. In a recent posting on his Blog …

Boyd v. U.S. (U.S. Supreme Court) (116 U.S. 616; 6 S.Ct. 524) (February 1, 1986) (Justice Bradley)

Article • June 19, 2006

Filed under: Punch And Jurists, Search and Seizure

Boyd v. U.S. (U.S. Supreme Court) (116 U.S. 616; 6 S.Ct. 524) (February 1, 1986) (Justice Bradley) by Certiorari was granted to the Circuit Court of the United States for the Southern District of New York to review whether it erred in awarding judgment in favor of the federal government …

Wilson v. Arkansas, No. 94-5707 (U.S. Supreme Court) (514 U.S. 927; 115 S.Ct. 1914) (May 22, 1995) (Justice Thomas)

Article • June 17, 2006

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

Wilson v. Arkansas, No. 94-5707 (U.S. Supreme Court) (514 U.S. 927; 115 S.Ct. 1914) (May 22, 1995) (Justice Thomas) by In this case the Court held that the Fourth Amendment's proscription of unreasonable searches and seizures incorporates the requirement that law enforcement officers entering a dwelling with a search warrant …

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (451 F.3d 862) (June 23, 2006) (Judge Judith W. Rogers)

Article • June 1, 2006 • from P&J June, 2006

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (451 F.3d 862) (June 23, 2006) (Judge Judith W. Rogers) by In this important Fourth Amendment decision, a divided panel of the D.C. Circuit puts limits on the ever-widening scope of the warrant exception for searches incident to arrest. Here, officers saw defendant …

U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White)

Article • March 31, 2006

Filed under: Punch And Jurists, Consent

U.S. v. Matlock, No. 72-1355 (U.S. Supreme Court) (415 U.S. 164; 94 S.Ct. 988) (February 20, 1974) (Justice White) by This seminal case held that the consent of one who possesses common authority over a premises or its effects is valid as against the absent, nonconsenting person with whom that …

Carroll v. U.S., No. 15 (U.S. Supreme Court) (267 U.S. 132; 45 S.Ct. 280) (March 2, 2025) (Justice Taft)

Article • March 11, 2006

Filed under: Punch And Jurists, Searches - Automobile

Carroll v. U.S., No. 15 (U.S. Supreme Court) (267 U.S. 132; 45 S.Ct. 280) (March 2, 2025) (Justice Taft) by In this case, the Court first recognized the so-called automobile exception to the Fourth Amendment's requirement that requires all searches to be supported by a warrant based on probable cause. …

U.S. v. McClain, No. 04-5887 (6th Cir.) (444 F.3d 537) (March 31, 2006) (Per Curiam)

Article • March 1, 2006 • from P&J March, 2006

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. McClain, No. 04-5887 (6th Cir.) (444 F.3d 537) (March 31, 2006) (Per Curiam) by In U.S. v. McClain, 430 F.3d 299 (6th Cir. Dec. 2, 2005) (“McClain I”), the Sixth Circuit addressed a suppression order that had been issued in a case where there was (1) an illegal …

Johnson v. U.S., No. 329 (U.S. Supreme Court) (333 U.S. 10; 68 S.Ct. 367) (February 2, 2048) (Justice Jackson)

Article • February 20, 2006

Filed under: Punch And Jurists, Warrantless Searches

Johnson v. U.S., No. 329 (U.S. Supreme Court) (333 U.S. 10; 68 S.Ct. 367) (February 2, 2048) (Justice Jackson) by The petitioner in this case sought a writ of certiorari to review a judgment of the Ninth Circuit affirming her conviction on four counts of violating federal narcotics laws on …