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U.S. v. Ramsey, No. 76-167 (U.S. Supreme Court) (431 U.S. 606; 97 S.Ct. 1972) (June 6, 1977) (Justice Rehnquist)
Article • September 21, 2003
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Ramsey, No. 76-167 (U.S. Supreme Court) (431 U.S. 606; 97 S.Ct. 1972) (June 6, 1977) (Justice Rehnquist) by Here the Court held that customs officials are permitted to conduct searches of incoming mail and packages without probable cause because border searches are "reasonable" within the meaning of the …
Skinner v. Railway Labor Executives' Ass'n, No. 87-1555 (U.S. Supreme Court) (489 U.S. 602; 109 S.Ct. 1402) (March 21, 1989) (Justice Kennedy)
Article • September 20, 2003
Filed under: Punch And Jurists, Special Needs Exception
Skinner v. Railway Labor Executives' Ass'n, No. 87-1555 (U.S. Supreme Court) (489 U.S. 602; 109 S.Ct. 1402) (March 21, 1989) (Justice Kennedy) by In this case, the majority upheld the suspicionless drug testing of railroad employees involved in train accidents. It reasoned that railroad employees are in a position to …
Florida v. Jimeno, No. 90-622 (U.S. Supreme Court) (500 U.S. 248; 111 S.Ct. 1801) (May 23, 1991) (Justice Rehnquist)
Article • September 14, 2003
Filed under: Punch And Jurists, Consent
Florida v. Jimeno, No. 90-622 (U.S. Supreme Court) (500 U.S. 248; 111 S.Ct. 1801) (May 23, 1991) (Justice Rehnquist) by Here the Court held that the Fourth Amendment is not violated when, after a person gives a consent to search his car, they open a closed container found within the …
U.S. v. Jackson, No. 02-1237 (2nd Cir.) (345 F.3d 59) (September 17, 2003) (Judge Dennis G. Jacobs)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Jackson, No. 02-1237 (2nd Cir.) (345 F.3d 59) (September 17, 2003) (Judge Dennis G. Jacobs) by In this case, the Second Circuit squarely held for the first time that the disclosure requirements of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, require disclosure of exculpatory and/or …
U.S. v. Search of Law Office, Residence, No. 02-51031 (5th Cir.) (341 F.3d 404) (July 31, 2003) (Judge Patrick E. Higginbotham)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Return/Retention of Property
U.S. v. Search of Law Office, Residence, No. 02-51031 (5th Cir.) (341 F.3d 404) (July 31, 2003) (Judge Patrick E. Higginbotham) by Here the Court held that a substantial showing of irreparable harm is required to permit a district court to entertain, on equitable grounds, a motion, pursuant to Rule …
U.S. v. Cruz-Garcia, No. 02-10275 (9th Cir.) (344 F.3d 951) (September 17, 2003) (Judge Alex Kozinski)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
U.S. v. Cruz-Garcia, No. 02-10275 (9th Cir.) (344 F.3d 951) (September 17, 2003) (Judge Alex Kozinski) by In this case, the Ninth Circuit sharply criticized both the district court and the prosecutor for their roles in preventing the defense from presenting rebuttal evidence about the prosecution’s star witness’s prior crimes. …
U.S. v. Jarrett, No. 02-4953 (4th Cir.) (338 F.3d 339) (July 29, 2003) (Judge Diana Gribbon Motz)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet
U.S. v. Jarrett, No. 02-4953 (4th Cir.) (338 F.3d 339) (July 29, 2003) (Judge Diana Gribbon Motz) by Here the Court reversed a suppression order that had been granted, holding that an anonymous hacker who gained access to the defendant's computer and gave evidence to the FBI was not acting …
Joshua v. Dewitt, No. 01-4118 (6th Cir.) (341 F.3d 430) (August 7, 2003) (Judge William J. Jr. Haynes)
Article • September 1, 2003 • from P&J September, 2003
Filed under: Punch And Jurists, Reasonable Suspicion
Joshua v. Dewitt, No. 01-4118 (6th Cir.) (341 F.3d 430) (August 7, 2003) (Judge William J. Jr. Haynes) by The Court held that the continued detention of petitioner at the conclusion of a traffic stop could not be justified solely on the basis of a police flyer identifying him as …
Stanley v. Georgia, No. 293 (U.S. Supreme Court) (394 U.S. 557; 89 S.Ct. 1243) (April 7, 1969) (Justice Marshall)
Article • August 26, 2003
Filed under: Punch And Jurists, Privacy Act/Rights
Stanley v. Georgia, No. 293 (U.S. Supreme Court) (394 U.S. 557; 89 S.Ct. 1243) (April 7, 1969) (Justice Marshall) by The petitioner in this case was convicted under Georgia law for possessing obscene materials which were discovered by federal and state agents who were searching his house for evidence of …
Harris v. U.S., No. 92 (U.S. Supreme Court) (390 U.S. 234; 88 S.Ct. 992) (March 5, 2068) (Per Curiam)
Article • August 14, 2003
Filed under: Punch And Jurists, Searches - Inventory
Harris v. U.S., No. 92 (U.S. Supreme Court) (390 U.S. 234; 88 S.Ct. 992) (March 5, 2068) (Per Curiam) by In this case a police officer conducted an inventory search of an impounded vehicle (pursuant to regulations of the Metropolitan Police Department). After completing his search, the officer opened the …
A.C.L.U. v. U.S. Dept. of Justice, No. Civ.A.02-2077 ESH (D.D.C.) (265 F.Supp.2d 20) (May 19, 2003) (Judge Ellen Segal Huvelle)
Article • August 1, 2003 • from P&J August, 2003
Filed under: Punch And Jurists, USA Patriot Act
A.C.L.U. v. U.S. Dept. of Justice, No. Civ.A.02-2077 ESH (D.D.C.) (265 F.Supp.2d 20) (May 19, 2003) (Judge Ellen Segal Huvelle) by Few laws in recent times have been as controversial as the USA PATRIOT Act (“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act”) …
Dubbs v. Head Start, Inc., No. 01-5098 (10th Cir.) (336 F.3d 1194) (July 21, 2003) (Judge Michael W. McConnell)
Article • August 1, 2003 • from P&J August, 2003
Filed under: Punch And Jurists, Special Needs Exception
Dubbs v. Head Start, Inc., No. 01-5098 (10th Cir.) (336 F.3d 1194) (July 21, 2003) (Judge Michael W. McConnell) by Here the Court held that medical examinations given to children without parental consent did not rise to a level of extreme outrageousness required for damages; but the decision is particularly …
U.S. v. Irving, No. 03 Crim. 0633 (LAK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16111) (September 15, 2003) (Judge Lewis A. Kaplan)
Article • August 1, 2003 • from P&J August, 2003
Filed under: Punch And Jurists, Searches - Cellphones/Computers/Internet
U.S. v. Irving, No. 03 Crim. 0633 (LAK) (S.D.N.Y.) (2003 U.S. Dist. LEXIS 16111) (September 15, 2003) (Judge Lewis A. Kaplan) by The defendant in this case, Stefan Irving, an American citizen who was a convicted pedophile, was one of several persons suspected of traveling to Mexico for the purpose …
Richards v. Wisconsin, No. 96-5955 (U.S. Supreme Court) (520 U.S. 385; 117 S.Ct. 1416) (April 28, 1997) (Justice Stevens)
Article • July 6, 2003
Filed under: Punch And Jurists, Searches - Knock and Announce
Richards v. Wisconsin, No. 96-5955 (U.S. Supreme Court) (520 U.S. 385; 117 S.Ct. 1416) (April 28, 1997) (Justice Stevens) by In this case the Supreme Court built upon its earlier ruling in Wilson v. Arkansas, 514 U.S. 927 (1995) and articulated some of the circumstances under which an unannounced entry …
Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler)
Article • July 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
Shabazz v. Artuz, No. 02-2320 (2nd Cir.) (336 F.3d 154) (July 18, 2003) (Judge Rosemary S. Pooler) by Here the Court affirmed the denial of habeas relief, holding that the petitioner had failed to prove that the prosecutor had elicited false testimony about promises of leniency made to a key …
Capital Collateral Counsel v. Dept. of Justice, No. 02-14274 (11th Cir.) (331 F.3d 799) (May 20, 2003) (Judge Susan H. Black)
Article • June 1, 2003 • from P&J June, 2003
Filed under: Punch And Jurists, Privacy Act/Rights
Capital Collateral Counsel v. Dept. of Justice, No. 02-14274 (11th Cir.) (331 F.3d 799) (May 20, 2003) (Judge Susan H. Black) by This case involves a Freedom of Information Act (FOIA) request for information concerning disciplinary sanctions imposed on a former Assistant U.S. Attorney, one Karen Cox, for acts of …
Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi)
Article • June 1, 2003 • from P&J July, 2003
Filed under: Punch And Jurists, Informants and Paid Witnesses
Wei Su v. Filion, No. 02-2683 (2nd Cir.) (335 F.3d 119) (July 11, 2003) (Judge Guido Calabresi) by Shabazz v. Artuz, 336 F.3d 154 (2nd Cir. 2003) (Judge Pooler) Su v. Filion, 335 F.3d 119 (2nd Cir. 2003) (Judge Calabresi) Promises of leniency given by the Government to cooperating witnesses …
Thacker v. City of Columbus, No. 01-4097 (6th Cir.) (328 F.3d 244) (April 30, 2003) (Judge R. Guy Jr. Cole)
Article • June 1, 2003 • from P&J June, 2003
Filed under: Punch And Jurists, Exigent Circumstances
Thacker v. City of Columbus, No. 01-4097 (6th Cir.) (328 F.3d 244) (April 30, 2003) (Judge R. Guy Jr. Cole) by
Kaupp v. Texas, No. 02-5636 (U.S. Supreme Court) (538 U.S. 626; 123 S.Ct. 1843) (May 5, 2003) (Per Curiam)
Article • May 9, 2003 • from P&J April, 2003
Filed under: Punch And Jurists, Custodial Interrogations/Statements
Kaupp v. Texas, No. 02-5636 (U.S. Supreme Court) (538 U.S. 626; 123 S.Ct. 1843) (May 5, 2003) (Per Curiam) by Here the Court vacated a Texas state court's decision that officers did not violate the Fourth Amendment when they entered a suspect's house without a warrant, woke him with a …
U.S. v. Gandara-Salinas, No. 02-2225 (10th Cir.) (327 F.3d 1127) (April 25, 2003) (Judge Stephanie K. Seymour)
Article • May 1, 2003 • from P&J May, 2003
Filed under: Punch And Jurists, Searches - Border Stops/Searches
U.S. v. Gandara-Salinas, No. 02-2225 (10th Cir.) (327 F.3d 1127) (April 25, 2003) (Judge Stephanie K. Seymour) by In U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975), the Supreme Court established the principle that the fourth Amendment requires a finding of "reasonable suspicion" in order to conduct roving border patrol stops. …
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