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U.S. v. Davis, No. 10-4104-cr (2nd Cir.) (690 F.3d 127) (August 24, 2012) (Judge John M. Jr. Walker)
Article • December 1, 2012
Filed under: Punch And Jurists, Resisting Arrest
U.S. v. Davis, No. 10-4104-cr (2nd Cir.) (690 F.3d 127) (August 24, 2012) (Judge John M. Jr. Walker) by Defendant's convictions for narcotics offenses and resisting arrest are affirmed in part and vacated in part and remanded where: 1) the circumstances in this case easily permitted an inference that defendant, …
McClish v. Nugent, No. 06-11826 (11th Cir.) (483 F.3d 1231) (April 11, 2007) (Judge Stanley Marcus)
Article • March 1, 2007 • from P&J March, 2007
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
McClish v. Nugent, No. 06-11826 (11th Cir.) (483 F.3d 1231) (April 11, 2007) (Judge Stanley Marcus) by Under the Fourth Amendment, officers typically need a warrant in order to arrest a suspect inside his home. The question that divided this Eleventh Circuit panel was whether the police can grab a …
U.S. v. McCain, No. CR 01-0344 MHP (N.D.Cal.) (271 F.Supp.2d 1187) (July 9, 2003) (Judge Marilyn H. Patel)
Article • October 1, 2003 • from P&J October, 2003
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. McCain, No. CR 01-0344 MHP (N.D.Cal.) (271 F.Supp.2d 1187) (July 9, 2003) (Judge Marilyn H. Patel) by Here the Court held that a warrant affidavit, which suggested that the probable cause information was received from a “confidential reliable source” when it actually came from a wiretap was so …
U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner)
Article • July 1, 2003 • from P&J August, 2003
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner) by
Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart)
Article • August 7, 2002
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart) by In this case the police conducted a warrantless, four-day search of the apartment where the defendant had killed a police officer. Rejecting the State's argument that the man had forfeited …
U.S. v. Cervantes, No. 98-50722 (9th Cir.) (219 F.3d 882) (June 12, 2000) (Judge A. Wallace Tashima)
Article • September 1, 2000 • from P&J September, 2000
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Cervantes, No. 98-50722 (9th Cir.) (219 F.3d 882) (June 12, 2000) (Judge A. Wallace Tashima) by Here the Court held that to determine whether a search was justified by an emergency, it must not be motivated primarily by an intent to arrest and seize evidence; examining the motivation …
U.S. v. Allen, No. 96-6313 (6th Cir.) (211 F.3d 970) (May 4, 2000) (Judge Danny J. Boggs)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Allen, No. 96-6313 (6th Cir.) (211 F.3d 970) (May 4, 2000) (Judge Danny J. Boggs) by Here a divided en banc Court held that an unsupported tip is sufficient to support a warrant application - over the strong dissent of Judge Clay who accused the majority of driving …
New York v. Harris, No. 88-1000 (U.S. Supreme Court) (495 U.S. 14; 110 S.Ct. 1640) (April 18, 1990) (Justice White)
Article • May 21, 2000
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
New York v. Harris, No. 88-1000 (U.S. Supreme Court) (495 U.S. 14; 110 S.Ct. 1640) (April 18, 1990) (Justice White) by In this case, police officers with guns drawn knocked on the door of Harris' apartment. He looked out of a peephole, and one of the officers displayed a badge. …
Flippo v. West Virginia, No. 98-8770 (U.S. Supreme Court) (528 U.S. 11; 120 S.Ct. 7) (October 18, 1999) (Per Curiam)
Article • December 26, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
Flippo v. West Virginia, No. 98-8770 (U.S. Supreme Court) (528 U.S. 11; 120 S.Ct. 7) (October 18, 1999) (Per Curiam) by Here the Court held that there is no "crime scene exception" to the Fourth Amendment's requirement for a search warrant, thus suppressing photographs the police removed from a briefcase …
U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin)
Article • December 1, 1999 • from P&J December, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin) by In this amended decision the Court upheld the suppression of evidence and ruled that the provisions of Rule 41(b) were violated when the FBI, executing a warrant, refused to show the warrant …
U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin)
Article • December 1, 1999 • from P&J December, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin) by In this case the Ninth Circuit held that the Government violated Rule 41(d) of the Fed.R.Crim.P. by failing to present the defendant with a complete copy of the warrant at the outset …
U.S. v. Carnes, No. 97-80057 (E.D.Mich.) (51 F.Supp.2d 829) (June 17, 1999) (Judge Gerald E. Rosen)
Article • September 1, 1999 • from P&J September, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Carnes, No. 97-80057 (E.D.Mich.) (51 F.Supp.2d 829) (June 17, 1999) (Judge Gerald E. Rosen) by In the 8/30/99 issue of P&J, we noted a case, U.S. v. Payne, 181 F.3d 781 (6th Cir. 1999), in which the Sixth Circuit held that evidence seized by a parole officer in …
Aguilar v. Texas, No. 548 (U.S. Supreme Court) (378 U.S. 108; 84 S.Ct. 1509) (June 15, 2064) (Justice Goldberg)
Article • July 24, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
Aguilar v. Texas, No. 548 (U.S. Supreme Court) (378 U.S. 108; 84 S.Ct. 1509) (June 15, 2064) (Justice Goldberg) by The Court held that, although an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate …
U.S. v. Lovelock, No. 98-1463 (2nd Cir.) (170 F.3d 339) (March 16, 1999) (Judge Amalya Lyle Kearse)
Article • May 1, 1999 • from P&J May, 1999
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
U.S. v. Lovelock, No. 98-1463 (2nd Cir.) (170 F.3d 339) (March 16, 1999) (Judge Amalya Lyle Kearse) by The defendant appeals the denial of his pretrial motion to suppress evidence as the product of an unlawful entry into his apartment. The district court ruled the entry was lawful because the …
Steagald v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall)
Article • August 23, 1998
Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions
Steagald v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall) by Here the Court firmly held that absent exigent circumstances or consent, a home may not be searched without a warrant. The narrow issue before the Court was whether an arrest …