Search | Punch and Jurists

U.S. v. Deemer, No. 03-30034 (9th Cir.) (354 F.3d 1130) (January 20, 2004) (Judge Melvin Brunetti)

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

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Deemer, No. 03-30034 (9th Cir.) (354 F.3d 1130) (January 20, 2004) (Judge Melvin Brunetti) by U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole) U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti) In Payton v. New York, 445 U.S. 573 (1980), the Supreme …

U.S. v. Carter, No. 03-3045 (10th Cir.) (360 F.3d 1235) (March 8, 2004) (Judge Harris L. Hartz)

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

Filed under: Punch And Jurists, Fruit of the Poisonous Tree

U.S. v. Carter, No. 03-3045 (10th Cir.) (360 F.3d 1235) (March 8, 2004) (Judge Harris L. Hartz) by Defendant conditionally pled guilty to possession of a firearm after previously being convicted of three felonies, in violation of 18 U.S.C.S. § 922(g). Defendant appealed from the United States District Court for …

U.S. v. Maldonado, No. 03-1739 (1st Cir.) (356 F.3d 130) (January 20, 2004) (Judge Bruce M. Selya)

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

Filed under: Punch And Jurists, Searches - Administrative

U.S. v. Maldonado, No. 03-1739 (1st Cir.) (356 F.3d 130) (January 20, 2004) (Judge Bruce M. Selya) by This case raised two issues of first impression for the First Circuit, namely whether interstate commercial trucking is a pervasively regulated industry, and if so, whether the regulatory scheme applicable to that …

U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Informants and Paid Witnesses

U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs) by After the United States District Court for the Eastern District of Kentucky at London denied defendant's motions to suppress and dismiss, defendant pled guilty to, inter alia, possessing firearms in relation to …

U.S. v. Albinson, No. 01-1265 (3rd Cir.) (356 F.3d 278) (January 27, 2004) (Judge Anthony J. Scirica)

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

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

U.S. v. Albinson, No. 01-1265 (3rd Cir.) (356 F.3d 278) (January 27, 2004) (Judge Anthony J. Scirica) by After the Appellant was arrested for the unauthorized sale of United States property in violation of 18 U.S.C. § 641, certain property was seized from his garage and resodence, pursuant to a …

Florida v. Wells, No. 88-1835 (U.S. Supreme Court) (495 U.S. 1; 110 S.Ct. 1632) (April 18, 1990) (Justice Rehnquist)

Article • December 29, 2003

Filed under: Punch And Jurists, Searches - Containers/Luggage

Florida v. Wells, No. 88-1835 (U.S. Supreme Court) (495 U.S. 1; 110 S.Ct. 1632) (April 18, 1990) (Justice Rehnquist) by Here the Court held that standardized criteria must regulate the inventory procedures such as opening closed containers found during inventory searches; and that such searches must not be used as …

Maryland v. Pringle, No. 02-809 (U.S. Supreme Court) (540 U.S. 366; 124 S.Ct. 795) (December 15, 2003) (Justice Rehnquist)

Article • December 20, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Probable/Proximate Cause

Maryland v. Pringle, No. 02-809 (U.S. Supreme Court) (540 U.S. 366; 124 S.Ct. 795) (December 15, 2003) (Justice Rehnquist) by In this search and seizure case, the Supreme Court held that the police had constitutional authority to arrest all three occupants of a car they had stopped for speeding, after …

Anderson v. Cornejo, No. 97 C 7556 (N.D.Ill.) (284 F.Supp.2d 1008) (September 4, 2003) (Judge William T. Hart)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Racial/Ethnic Bias/Profiling

Anderson v. Cornejo, No. 97 C 7556 (N.D.Ill.) (284 F.Supp.2d 1008) (September 4, 2003) (Judge William T. Hart) by In this long pending suit against the U.S. Customs Service for racial profiling of black women at the Chicago airport, Judge Hart declined to grant some of the defendants' motions to …

Illinois v. Lidster, No. 02-1060 (U.S. Supreme Court) (540 U.S. 419; 124 S.Ct. 885) (January 13, 2004) (Justice Breyer)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Illinois v. Lidster, No. 02-1060 (U.S. Supreme Court) (540 U.S. 419; 124 S.Ct. 885) (January 13, 2004) (Justice Breyer) by Here a divided Court upheld as constitutionally reasonable the use of random roadblocks set up by the police as an investigational tool for the purpose of seeking information about a …

U.S. v. Cranley, No. 03-1908 (7th Cir.) (350 F.3d 617) (November 19, 2003) (Judge Richard A. Posner)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Custodial Interrogations/Statements

U.S. v. Cranley, No. 03-1908 (7th Cir.) (350 F.3d 617) (November 19, 2003) (Judge Richard A. Posner) by After the defendant in this case was charged with federal firearms-related offenses, the District Court for the Eastern District of Wisconsin granted his motion to suppress his confession that he had given …

Chandler v. Miller, No. 96-126 (U.S. Supreme Court) (520 U.S. 305; 117 S.Ct. 1295) (April 15, 1997) (Justice Ginsburg)

Article • November 21, 2003

Filed under: Punch And Jurists, Special Needs Exception

Chandler v. Miller, No. 96-126 (U.S. Supreme Court) (520 U.S. 305; 117 S.Ct. 1295) (April 15, 1997) (Justice Ginsburg) by Under the Georgia statute at issue, to qualify for a place on the ballot, a candidate must present a certificate from a state approved laboratory, in a form approved by …

U.S. v. Drayton, No. 01-631 (U.S. Supreme Court) (536 U.S. 194; 122 S.Ct. 2105) (June 17, 2002) (Justice Kennedy)

Article • November 17, 2003 • from P&J May, 2002

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

U.S. v. Drayton, No. 01-631 (U.S. Supreme Court) (536 U.S. 194; 122 S.Ct. 2105) (June 17, 2002) (Justice Kennedy) by In this case the Supreme Court addressed the validity of warrantless, random searches of bus passengers who were asked to consent to a search of their property and persons without …

Delaware v. Prouse, No. 77-1571 (U.S. Supreme Court) (440 U.S. 648; 99 S.Ct. 1391) (March 27, 1979) (Justice White)

Article • November 1, 2003

Filed under: Punch And Jurists, Searches - Automobile

Delaware v. Prouse, No. 77-1571 (U.S. Supreme Court) (440 U.S. 648; 99 S.Ct. 1391) (March 27, 1979) (Justice White) by Here the Court condemned as a violation of the Fourth Amendment suspicionless searches of automobiles based on a "standardless and unconstrained discretion" of the police that was unrelated to any …

U.S. v. Banks, No. 02-473 (U.S. Supreme Court) (540 U.S. 31; 124 S.Ct. 521) (December 2, 2003) (Justice Souter)

Article • November 1, 2003 • from P&J November, 2003

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

U.S. v. Banks, No. 02-473 (U.S. Supreme Court) (540 U.S. 31; 124 S.Ct. 521) (December 2, 2003) (Justice Souter) by Here the Court held that police officers executing a search warrant do not violate a suspect’s constitutional rights by waiting only 15 to 20 seconds after knocking and announcing their …

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (346 F.3d 963) (October 15, 2003) (Judge Richard R. Clifton)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Consent

U.S. v. Patayan Soriano, No. 01-50461 (9th Cir.) (346 F.3d 963) (October 15, 2003) (Judge Richard R. Clifton) by The defendant in this case, Herman Soriano, was convicted of possession of stolen mail and receipt of a stolen U.S. Treasury check, both of which were discovered during a warrantless search …

U.S. v. Perkins, No. 02-15891 (11th Cir.) (348 F.3d 965) (October 22, 2003) (Judge Rosemary Barkett)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Perkins, No. 02-15891 (11th Cir.) (348 F.3d 965) (October 22, 2003) (Judge Rosemary Barkett) by Here the Court affirmed a suppression motion, holding that the police had unreasonably prolonged a traffic stop of two defendants, when they had no reasonable basis to detain them; and that extreme nervousness …

International Union, United Auto. v. Winters, No. 5:00-CV-21 (W.D.Mich.) (278 F.Supp.2d 880) (April 7, 2003) (Judge David W. McKeague)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Special Needs Exception

International Union, United Auto. v. Winters, No. 5:00-CV-21 (W.D.Mich.) (278 F.Supp.2d 880) (April 7, 2003) (Judge David W. McKeague) by Here, relying on the "special needs" exception to the Fourth Amendment, the Court rejected a union challenge that Michigan’s random, suspicionless drug and alcohol testing program of four categories of …

U.S. v. Wilson, No. H-82-139 (S.D.Tex.) (289 F.Supp.2d 801) (October 27, 2003) (Judge Lynn N. Hughes)

Article • October 1, 2003 • from P&J October, 2003

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

U.S. v. Wilson, No. H-82-139 (S.D.Tex.) (289 F.Supp.2d 801) (October 27, 2003) (Judge Lynn N. Hughes) by Here the Court vacated a 1983 conviction of former CIA operative, Edwin Wilson, for selling tons of explosives to Libya, after finding that prosecutors and high level Government officials knowingly used false testimony …

Chambers v. Maroney, No. 830 (U.S. Supreme Court) (399 U.S. 42; 90 S.Ct. 1975) (June 22, 1970) (Justice White)

Article • September 30, 2003

Filed under: Punch And Jurists, Searches - Automobile

Chambers v. Maroney, No. 830 (U.S. Supreme Court) (399 U.S. 42; 90 S.Ct. 1975) (June 22, 1970) (Justice White) by Here the Court held that officers with probable cause to search an automobile at the scene of an arrest or stop may constitutionally seize the automobile and subsequently search it …

Florida v. Royer, No. 80-2146 (U.S. Supreme Court) (460 U.S. 491; 103 S.Ct. 1319) (March 23, 1983) (Justice White)

Article • September 25, 2003

Filed under: Punch And Jurists, Consent

Florida v. Royer, No. 80-2146 (U.S. Supreme Court) (460 U.S. 491; 103 S.Ct. 1319) (March 23, 1983) (Justice White) by In this case the Supreme Court suppressed the evidence discovered as a result of a search following an illegal stop, even though the police obtained the defendant's consent to the …