Search | Punch and Jurists

U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White)

Article • November 6, 2002

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Watson, No. 74-538 (U.S. Supreme Court) (423 U.S. 411; 96 S.Ct. 820) (January 26, 1976) (Justice White) by In this case, the Ninth Circuit reversed the defendant's conviction for possession of stolen mail in violation of 18 U.S.C. § 1708, on the grounds that the postal inspector had …

U.S. v. Yousif, No. 01-2288 (8th Cir.) (308 F.3d 820) (October 7, 2002) (Judge Theodore McMillian)

Article • September 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Yousif, No. 01-2288 (8th Cir.) (308 F.3d 820) (October 7, 2002) (Judge Theodore McMillian) by This is an important Fourth Amendment decision in which a drug conviction was vacated on the grounds that the defendant’s consent to search his car, which was given at an illegal drug interdiction …

Florida v. Bostick, No. 89-1717 (U.S. Supreme Court) (501 U.S. 429; 111 S.Ct. 2382) (June 20, 1991) (Justice O'Connor)

Article • December 3, 2000

Filed under: Punch And Jurists, Consensual Encounters

Florida v. Bostick, No. 89-1717 (U.S. Supreme Court) (501 U.S. 429; 111 S.Ct. 2382) (June 20, 1991) (Justice O'Connor) by In Broward County, Florida, Sheriff's Department officers regularly boarded buses during stops to ask passengers for permission to search their luggage. Terrance Bostick, a passenger, was questioned by two officers …

Ohio v. Robinette, No. 95-891 (U.S. Supreme Court) (519 U.S. 33; 117 S.Ct. 417) (November 18, 1996) (Justice Rehnquist)

Article • June 23, 2000

Filed under: Punch And Jurists, Consensual Encounters

Ohio v. Robinette, No. 95-891 (U.S. Supreme Court) (519 U.S. 33; 117 S.Ct. 417) (November 18, 1996) (Justice Rehnquist) by Here the Court refused to adopt a bright line rule that a lawfully seized defendant be advised that he was "free to go" before the defendant's consent to search will …

U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King)

Article • June 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King) by A disturbing new trend of random searches of passengers on public transportation had begun to appear and, to date, at least two Circuits have approved such searches, even though they were unsupported …

U.S. v. Woodrum, No. 99-1697 (1st Cir.) (208 F.3d 8) (April 6, 2000) (Per Curiam)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Woodrum, No. 99-1697 (1st Cir.) (208 F.3d 8) (April 6, 2000) (Per Curiam) by As stated by Judge Lynch, in her dissent: "[This] the case has great constitutional and societal significance . . . . [I]t is an important one, not just for the development of Fourth Amendment …

U.S. v. Woodrum, No. 99-1797 (1st Cir.) (202 F.3d 1) (January 20, 2000) (Judge Bruce M. Selya)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Woodrum, No. 99-1797 (1st Cir.) (202 F.3d 1) (January 20, 2000) (Judge Bruce M. Selya) by In the case, the Government contended, and the panel agreed, that a taxi driver's voluntary participation in a Taxi Inspection Program for Safety (TIPS), granted the police the right to search any …

U.S. v. Brugal, No. 98-4255 (4th Cir.) (185 F.3d 205) (July 19, 1999) (Judge Francis D. Jr. Murnaghan)

Article • September 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Brugal, No. 98-4255 (4th Cir.) (185 F.3d 205) (July 19, 1999) (Judge Francis D. Jr. Murnaghan) by United States v. Worley, 193 F.3d 380 (6th Cir. 1999) (Judge Jones) United States v. Brugal, 185 F.3d 205 (4th Cir. 1999) (Judge Murnaghan) It is not surprising that one gets …

U.S. v. Worley, No. 97-6374 (6th Cir.) (193 F.3d 381) (September 29, 1999) (Judge Nathaniel R. Jones)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Worley, No. 97-6374 (6th Cir.) (193 F.3d 381) (September 29, 1999) (Judge Nathaniel R. Jones) by Here the Court established an important distinction between an "acquiesence" to a search and a "consent" to a search, holding that the defendant's acquiesence in the face of a police badge was …

U.S. v. Winningham, No. 97-2105 (10th Cir.) (140 F.3d 1328) (April 6, 1998) (Judge John C. Porfilio)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Winningham, No. 97-2105 (10th Cir.) (140 F.3d 1328) (April 6, 1998) (Judge John C. Porfilio) by Court affirmed district court finding that a driver's consent to search of his van was not voluntary and held that granting of motion to suppress evidence was proper.

U.S. v. Little, No. 92-2155 (10th Cir.) (18 F.3d 1499) (March 22, 1994) (Judge Stephen H. Anderson)

Article • January 1, 1994

Filed under: Punch And Jurists, Consensual Encounters

U.S. v. Little, No. 92-2155 (10th Cir.) (18 F.3d 1499) (March 22, 1994) (Judge Stephen H. Anderson) by In this case the Government appealed from an order of the district court granting suppression of evidence, because the police had failed to advise the passenger on the train that he was …