Search | Punch and Jurists

U.S. v. Grubbs, No. 04-1414 (U.S. Supreme Court) (547 U.S. 90; 126 S.Ct. 1494) (March 21, 2006) (Justice Scalia)

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

Filed under: Punch And Jurists, Warrants - Anticipatory

U.S. v. Grubbs, No. 04-1414 (U.S. Supreme Court) (547 U.S. 90; 126 S.Ct. 1494) (March 21, 2006) (Justice Scalia) by The Court held that anticipatory warrants are not categorically unconstitutional under the Fourth Amendment; and that the "particularity requirement" of the 4th Amendment does not require showing the occupants the …

U.S. v. Burton, No. 05-2130 (7th Cir.) (441 F.3d 509) (March 20, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Burton, No. 05-2130 (7th Cir.) (441 F.3d 509) (March 20, 2006) (Judge Richard A. Posner) by Here the Court held that "[c]ontrary to popular belief, the Fourth Amendment does not require that a search be based on probable cause to believe that the search will yield contraband or …

U.S. v. Coles, No. 04-2134 (3rd Cir.) (437 F.3d 361) (February 9, 2006) (Judge Leonard I. Garth)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Coles, No. 04-2134 (3rd Cir.) (437 F.3d 361) (February 9, 2006) (Judge Leonard I. Garth) by Perhaps the most surprising aspect of this decision is its acknowledgment of the unsettled state of the law on the relatively straightforward issue of whether an appellate court may delve into the …

New Jersey v. T.L.O., No. 83-712 (U.S. Supreme Court) (469 U.S. 325; 105 S.Ct. 733) (January 15, 1985) (Justice White)

Article • December 4, 2005

Filed under: Punch And Jurists, Special Needs Exception

New Jersey v. T.L.O., No. 83-712 (U.S. Supreme Court) (469 U.S. 325; 105 S.Ct. 733) (January 15, 1985) (Justice White) by This case is noted as the first instance in which the Supreme Court enunciated the "special needs" exemption to the usual warrant and probable-cause requirements of the Fourth Amendment …

U.S. v. Combs, No. 03-30456 (9th Cir.) (2005 U.S. App. LEXIS 11421) (June 16, 2005) (Judge Kim McLane Wardlaw)

Article • December 1, 2005 • from P&J December, 2005

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

U.S. v. Combs, No. 03-30456 (9th Cir.) (2005 U.S. App. LEXIS 11421) (June 16, 2005) (Judge Kim McLane Wardlaw) by Following a bench trial, the United States District Court for the District of Alaska convicted defendant of maintaining a place for the manufacture of controlled substances, attempting to manufacture methamphetamine, …

U.S. v. Dessesaure, No. 04-2170 (1st Cir.) (429 F.3d 359) (November 30, 2005) (Judge Sandra L. Lynch)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Warrantless Searches

U.S. v. Dessesaure, No. 04-2170 (1st Cir.) (429 F.3d 359) (November 30, 2005) (Judge Sandra L. Lynch) by In this case, the First Circuit addressed the Government’s interlocutory appeal from Judge Gertner’s partial allowance of the defendant’s motion to suppress evidence in U.S. v. Dessesaure, 314 F. Supp. 2d 81 …

U.S. v. McClain, No. 04-5887 (6th Cir.) (430 F.3d 299) (December 2, 2005) (Judge Alice M. Batchelder)

Article • December 1, 2005 • from P&J December, 2005

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. McClain, No. 04-5887 (6th Cir.) (430 F.3d 299) (December 2, 2005) (Judge Alice M. Batchelder) by In an issue of first impression for the Sixth Circuit, the Court was called upon to reconcile two conflicting doctrines of Fourth Amendment law. The Leon good faith doctrine (U.S. v. Leon, …

Nicholas v. Goord, No. 04-3887-pr (2nd Cir.) (430 F.3d 652) (November 28, 2005) (Judge John M. Jr. Walker)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Special Needs Exception

Nicholas v. Goord, No. 04-3887-pr (2nd Cir.) (430 F.3d 652) (November 28, 2005) (Judge John M. Jr. Walker) by In this lengthy decision, the Second Circuit affirmed a ruling by Judge Duffy of the S.D.N.Y. that a New York statute that authorizes the collection of DNA samples from certain classes …

MacWade v. Kelly, No. 05 Civ. 6921 (RMB) (FM) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 31281) (December 2, 2005) (Judge Richard M. Berman)

Article • November 1, 2005 • from P&J November, 2005

Filed under: Punch And Jurists, Special Needs Exception

MacWade v. Kelly, No. 05 Civ. 6921 (RMB) (FM) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 31281) (December 2, 2005) (Judge Richard M. Berman) by Citing the “real and substantial” risk of a terrorist bombing of New York City’s subway system, Judge Berman rejected a constitutional challenge to New York’s policy of …

Katz v. U.S., No. 35 (U.S. Supreme Court) (389 U.S. 347; 88 S.Ct. 507) (December 18, 2067) (Justice Stewart)

Article • October 21, 2005

Filed under: Punch And Jurists, Privacy Act/Rights

Katz v. U.S., No. 35 (U.S. Supreme Court) (389 U.S. 347; 88 S.Ct. 507) (December 18, 2067) (Justice Stewart) by This seminal case established a 2 prong test for determining whether a warrantless search violates a defendant's expectation of privacy: (a) he must have a subjective expectation of privacy, and …

U.S. v. Smith, No. 04-2101 (1st Cir.) (423 F.Supp.2d 25) (September 9, 2005) (Judge James C. Hill)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Seizure

U.S. v. Smith, No. 04-2101 (1st Cir.) (423 F.Supp.2d 25) (September 9, 2005) (Judge James C. Hill) by Defendant was arrested and charged with one count of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.S. § 922(g)(1). Defendant moved to suppress the gun, …

Maryland v. Buie, No. 88-1369 (U.S. Supreme Court) (494 U.S. 325; 110 S.Ct. 1093) (February 28, 1990) (Justice White)

Article • September 27, 2005

Filed under: Punch And Jurists, Searches - Protective Sweep

Maryland v. Buie, No. 88-1369 (U.S. Supreme Court) (494 U.S. 325; 110 S.Ct. 1093) (February 28, 1990) (Justice White) by Case held that, incident to an arrest, the police may conduct a "protective sweep, that is, a quick and limited search of the premises . . . . to protect …

New York v. Burger, No. 86-80 (U.S. Supreme Court) (482 U.S. 691; 107 S.Ct. 2636) (June 19, 1987) (Justice Blackmun)

Article • September 22, 2005

Filed under: Punch And Jurists, Searches - Administrative

New York v. Burger, No. 86-80 (U.S. Supreme Court) (482 U.S. 691; 107 S.Ct. 2636) (June 19, 1987) (Justice Blackmun) by The issue framed by the Court in this case was whether the warrantless search of an automobile junkyard, conducted pursuant to a statute authorizing such a search, falls within …

Giordenello v. U.S., No. 549 (U.S. Supreme Court) (357 U.S. 480; 78 S.Ct. 1245) (June 30, 2058) (Justice Harlan)

Article • September 11, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Giordenello v. U.S., No. 549 (U.S. Supreme Court) (357 U.S. 480; 78 S.Ct. 1245) (June 30, 2058) (Justice Harlan) by Defendant sought review of a decision of the Fifth Circuit, which affirmed the lower court's decision that convicted him of the unlawful purchase of narcotics. Certiorari was granted to consider …

Brinegar v. U.S., No. 12 (U.S. Supreme Court) (338 U.S. 160; 69 S.Ct. 1302) (June 27, 2049) (Justice Rutledge)

Article • September 8, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Brinegar v. U.S., No. 12 (U.S. Supreme Court) (338 U.S. 160; 69 S.Ct. 1302) (June 27, 2049) (Justice Rutledge) by Here the Court held that probable cause exists where "the facts and circumstances within [the officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to …

U.S. v. Di Re, No. 61 (U.S. Supreme Court) (332 U.S. 581; 68 S.Ct. 222) (January 5, 2048) (Justice Jackson)

Article • September 3, 2005

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

U.S. v. Di Re, No. 61 (U.S. Supreme Court) (332 U.S. 581; 68 S.Ct. 222) (January 5, 2048) (Justice Jackson) by In this case the Court held that probable cause was lacking to arrest a passenger of a car who was present during a sale of illegal gasoline ration coupons. …

Illinois v. Gates, No. 81-430 (U.S. Supreme Court) (462 U.S. 213; 103 S.Ct. 2317) (June 8, 1983) (Justice Rehnquist)

Article • August 18, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Illinois v. Gates, No. 81-430 (U.S. Supreme Court) (462 U.S. 213; 103 S.Ct. 2317) (June 8, 1983) (Justice Rehnquist) by In this case the Court was faced with the adequacy of a search warrant and it emphasized that a reviewing magistrate's probable cause determination must be based upon "a 'substantial …

Oliver v. U.S., No. 82-15 (U.S. Supreme Court) (466 U.S. 170; 104 S.Ct. 1735) (April 17, 1984) (Justice Powell)

Article • August 12, 2005

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

Oliver v. U.S., No. 82-15 (U.S. Supreme Court) (466 U.S. 170; 104 S.Ct. 1735) (April 17, 1984) (Justice Powell) by In this case the Court held than "an individual has no legitimate expectation that open fields will remain free from warrantless intrusion by government officers" (id., at 181), thus affirming …

Murray v. U.S., No. 86-995 (U.S. Supreme Court) (487 U.S. 533; 108 S.Ct. 2529) (June 27, 1988) (Justice Scalia)

Article • August 8, 2005

Filed under: Punch And Jurists, Independent Source Doctrine

Murray v. U.S., No. 86-995 (U.S. Supreme Court) (487 U.S. 533; 108 S.Ct. 2529) (June 27, 1988) (Justice Scalia) by In this case, police officers, who had reason to believe that a warehouse held contraband, forced entry into the warehouse, where they saw burlap covered bales. They did not disturb …

Bumper v. North Carolina, No. 1016 (U.S. Supreme Court) (391 U.S. 543; 88 S.Ct. 1788) (June 3, 2068) (Justice Stewart)

Article • August 1, 2005

Filed under: Punch And Jurists, Consent

Bumper v. North Carolina, No. 1016 (U.S. Supreme Court) (391 U.S. 543; 88 S.Ct. 1788) (June 3, 2068) (Justice Stewart) by Case held that when the prosecution seeks to rely on consent to justify the lawfulness of a search, it has the burden of proving the consent was freely and …