Search | Punch and Jurists

U.S. v. Gandia, No. 04-6477-cr (2nd Cir.) (424 F.3d 255) (September 19, 2005) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Searches - Protective Sweep

U.S. v. Gandia, No. 04-6477-cr (2nd Cir.) (424 F.3d 255) (September 19, 2005) (Judge Robert D. Sack) by The Second Circuit held that the "protective sweep" exception to the warrant requirement, recognized in Maryland v. Buie, 494 U.S. 325 (1990), does not automatically allow the police to ramble through a …

Rendon v. Transportation Security Administration, No. 04-4229 (6th Cir.) (424 F.3d 475) (September 22, 2005) (Judge Cornelia G. Kennedy)

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

Filed under: Punch And Jurists, Searches - Security Checkpoints

Rendon v. Transportation Security Administration, No. 04-4229 (6th Cir.) (424 F.3d 475) (September 22, 2005) (Judge Cornelia G. Kennedy) by The Court affirmed a $700 civil penalty that was imposed, pursuant to 49 C.F.R. § 1540.109, on a passenger who mouthed off to a Transportation Security Administration screener at an …

U.S. v. Jackson, No. 04-3021 (D.C. Cir.) (415 F.3d 88) (July 22, 2005) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Jackson, No. 04-3021 (D.C. Cir.) (415 F.3d 88) (July 22, 2005) (Judge Judith W. Rogers) by Tarry Jackson was stopped by two United States Park Police officers for driving a car at night without a functioning light on the license plate. Jackson could produce neither a driver’s license …

U.S. v. Laughton, No. 03-1202 (6th Cir.) (409 F.3d 744) (May 17, 2005) (Judge Martha Craig Daughtrey)

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

Filed under: Punch And Jurists, Good Faith Exception

U.S. v. Laughton, No. 03-1202 (6th Cir.) (409 F.3d 744) (May 17, 2005) (Judge Martha Craig Daughtrey) by In this case, the Sixth Circuit held that where a search warrant was so lacking in any indicia of probable cause that no police officer could have reasonably relied upon its issuance …

U.S. v. Plavcak, No. 03-6256 (6th Cir.) (411 F.3d 655) (June 6, 2005) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Destruction of Property

U.S. v. Plavcak, No. 03-6256 (6th Cir.) (411 F.3d 655) (June 6, 2005) (Judge Gerald E. Rosen) by Defendant-appellee employee of a company that allegedly recruited illegal aliens to work in the United States was indicted for interfering with the government's investigation, and was charged with, inter alia, destruction or …

California v. Acevedo, No. 89-1690 (U.S. Supreme Court) (500 U.S. 565; 111 S.Ct. 1982) (May 30, 1991) (Justice Blackmun)

Article • June 3, 2005

Filed under: Punch And Jurists, Searches - Automobile

California v. Acevedo, No. 89-1690 (U.S. Supreme Court) (500 U.S. 565; 111 S.Ct. 1982) (May 30, 1991) (Justice Blackmun) by Case held that police, in a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that …

U.S. v. Swindle, No. 03-1773 (2nd Cir.) (407 F.3d 562) (May 11, 2005) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Swindle, No. 03-1773 (2nd Cir.) (407 F.3d 562) (May 11, 2005) (Judge Wilfred Feinberg) by

U.S. v. Sears, No. 03-10573 (9th Cir.) (411 F.3d 1124) (June 20, 2005) (Judge William A. Fletcher)

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

Filed under: Punch And Jurists, Warrants - General Search

U.S. v. Sears, No. 03-10573 (9th Cir.) (411 F.3d 1124) (June 20, 2005) (Judge William A. Fletcher) by

Minnesota v. Dickerson, No. 91-2019 (U.S. Supreme Court) (508 U.S. 366; 113 S.Ct. 2130) (June 7, 1993) (Justice White)

Article • March 21, 2005

Filed under: Punch And Jurists, Searches - Plain View

Minnesota v. Dickerson, No. 91-2019 (U.S. Supreme Court) (508 U.S. 366; 113 S.Ct. 2130) (June 7, 1993) (Justice White) by In this case the Court held that, during a pat down search of defendant for weapons, officer's "squeezing, sliding and otherwise manipulating" the contents of defendant's pocket was unconstitutional. However, …

Muehler v. Mena, No. 03-1423 (U.S. Supreme Court) (544 U.S. 93; 125 S.Ct. 1465) (March 22, 2005) (Justice Rehnquist)

Article • February 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Seizure

Muehler v. Mena, No. 03-1423 (U.S. Supreme Court) (544 U.S. 93; 125 S.Ct. 1465) (March 22, 2005) (Justice Rehnquist) by Perhaps the most disturbing aspect of this search and seizure case was that the Federal government felt it necessary to intervene by filing an amicus brief, claiming that the United …

Lewis v. U.S., No. 36 (U.S. Supreme Court) (385 U.S. 206; 87 S.Ct. 424) (December 12, 2066) (Justice Warren)

Article • January 2, 2005

Filed under: Punch And Jurists, Informants and Paid Witnesses

Lewis v. U.S., No. 36 (U.S. Supreme Court) (385 U.S. 206; 87 S.Ct. 424) (December 12, 2066) (Justice Warren) by Defendant was convicted in a United States District Court of transfer of marijuana, in violation of 18 U.S.C. § 4742(a). The United States Court of Appeals for the First Circuit …

U.S. v. Moran, No. 1:03-CR-452 (N.D.N.Y.) (349 F.Supp.2d 425) (January 5, 2005) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Moran, No. 1:03-CR-452 (N.D.N.Y.) (349 F.Supp.2d 425) (January 5, 2005) (Judge David N. Hurd) by As a sign of the times in which we live, Judge Hurd rejected the defendant’s motion to suppress evidence seized in his car that was derived from a Global Positioning System (“GPS”) device …

U.S. v. Talebnejad, No. CRIM.PJM 03-0517 (D.Md.) (342 F.Supp.2d 346) (September 28, 2004) (Judge Peter J. Messitte)

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

Filed under: Punch And Jurists, USA Patriot Act

U.S. v. Talebnejad, No. CRIM.PJM 03-0517 (D.Md.) (342 F.Supp.2d 346) (September 28, 2004) (Judge Peter J. Messitte) by In this case, Judge Messitte dismissed, as “fatally infirm,” an indictment that charged three Arab defendants with conducting an unlicensed money transmitting business in violation of 18 U.S.C. § 1960, as amended …

Illinois v. Caballes, No. 03-923 (U.S. Supreme Court) (543 U.S. 405; 125 S.Ct. 834) (January 24, 2005) (Justice Stevens)

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

Filed under: Punch And Jurists, Searches - Automobile

Illinois v. Caballes, No. 03-923 (U.S. Supreme Court) (543 U.S. 405; 125 S.Ct. 834) (January 24, 2005) (Justice Stevens) by By a 6-to-2 vote, the Supreme Court ruled that police do not violate the Fourth Amendment when they use a drug-detecting dog to locate illegal drugs during a legal traffic …

U.S. v. Combs, No. 03-30456 (9th Cir.) (394 F.3d 739) (January 11, 2005) (Judge Kim McLane Wardlaw)

Article • December 1, 2004 • from P&J December, 2004

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

U.S. v. Combs, No. 03-30456 (9th Cir.) (394 F.3d 739) (January 11, 2005) (Judge Kim McLane Wardlaw) by After conducting 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, being …

Warden v. Hayden, No. 480 (U.S. Supreme Court) (387 U.S. 294; 87 S.Ct. 1642) (May 29, 2067) (Justice Brennan)

Article • November 19, 2004

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

Warden v. Hayden, No. 480 (U.S. Supreme Court) (387 U.S. 294; 87 S.Ct. 1642) (May 29, 2067) (Justice Brennan) by In this case the Supreme Court rejected its prior precedent and held that nothing in the 4th Amendment any longer supports the distinction between items of evidential value only and …

Andresen v. Maryland, No. 74-1646 (U.S. Supreme Court) (427 U.S. 463; 96 S.Ct. 2737) (June 29, 1976) (Justice Blackmun)

Article • November 19, 2004

Filed under: Punch And Jurists, Warrants - General Search

Andresen v. Maryland, No. 74-1646 (U.S. Supreme Court) (427 U.S. 463; 96 S.Ct. 2737) (June 29, 1976) (Justice Blackmun) by Certiorari was granted to review from a judgment of the Court of Special Appeals of Maryland, which held that search warrants were supported by probable cause and did not authorize …

Devenpeck v. Alford, No. 03-710 (U.S. Supreme Court) (543 U.S. 146; 125 S.Ct. 588) (December 13, 2004) (Justice Scalia)

Article • November 1, 2004 • from P&J November, 2004

Filed under: Punch And Jurists, Probable/Proximate Cause

Devenpeck v. Alford, No. 03-710 (U.S. Supreme Court) (543 U.S. 146; 125 S.Ct. 588) (December 13, 2004) (Justice Scalia) by The issue before the Court in this case was whether an arrest is lawful under the Fourth Amendment when the criminal offense for which there is probable cause to arrest …

U.S. v. Ross, No. 80-2209 (U.S. Supreme Court) (456 U.S. 798; 102 S.Ct. 2157) (June 1, 1982) (Justice Stevens)

Article • October 16, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Ross, No. 80-2209 (U.S. Supreme Court) (456 U.S. 798; 102 S.Ct. 2157) (June 1, 1982) (Justice Stevens) by Here the Court held that in cases where there was probable cause to search a vehicle "a search is not unreasonable if based on facts that would justify the issuance …

Martiszus v. Washington County, No. Civ. No. 03-750-MO (D.Or.) (325 F.Supp.2d 1160) (July 21, 2004) (Judge Michael W. Mosman)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Privacy Act/Rights

Martiszus v. Washington County, No. Civ. No. 03-750-MO (D.Or.) (325 F.Supp.2d 1160) (July 21, 2004) (Judge Michael W. Mosman) by This is the first case we have seen interpreting (and somewhat limiting the broad sweep of) the Supreme Court's decision in Hiibel v. Sixth Judicial Dist. Court of Nev., 124 …