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Article • December 22, 2004
Reid v. Georgia, No. 79-448 (U.S. Supreme Court) (448 U.S. 438; 100 S.Ct. 2752) (June 30, 1980) (Per Curiam) by Court vacated a conviction holding that agent could not have reasonably suspected petitioner of criminal activity based on the fact that the officer surmised that the defendant met the characteristics …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by Case rejected claim that the admission into evidence of drug dealer profile evidence was so prejudicial that it warranted exclusion, despite acknowledging the inherent prejudicial nature of such evidence and testimony. This …
Article • September 1, 1998 • from P&J September, 1998
U.S. v. Doe, No. 97-2916 (7th Cir.) (149 F.3d 634) (July 13, 1998) (Judge Joel L. Flaum) by This decision is noted for its brief discussion of the Government's use of extensive drug profile evidence and testimony, a frequently used ploy that is highly effective because the standards for such …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Klimavicius-Viloria, No. 96-50546 (9th Cir.) (144 F.3d 1249) (May 29, 1998) (Judge David R. Thompson) by Here the Court noted that "Drug courier profile evidence is extremely prejudicial and may be used only in limited circumstances, such as ‘to establish modus operandi . . . in exceptional, complex …
Article • June 1, 1998 • from P&J June, 1998
U.S. v. Beck, No. 97-4143 (8th Cir.) (140 F.3d 1129) (April 6, 1998) (Judge Mark W. Bennett) by This case is noted not just because the Court reversed a drug conviction on the basis of lack or probable cause to detain the motorist in the first instance, but also because …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. $129,727 U.S. Currency, No. 96-55606 (9th Cir.) (129 F.3d 486) (November 3, 1997) (Judge Thomas G. Nelson) by This forfeiture case shows ease by which the Government can seize cash under the so-called "probable cause standards" that prevail in the Alice-in-Wonderland world of the Federal drug forfeiture statutes. …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by Case held that the Daubert standards do not apply to expert law enforcement testimony concerning a defendant's drug dealer profile. One of the issues raised in this case was whether the trial …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Dennis, No. 96-1971 (7th Cir.) (115 F.3d 524) (June 11, 1997) (Judge Harlington Jr. Wood) by United States v. Dennis, 115 F.3d 524 (7th Cir. 1997) (Judge Wood) United States v. Webb, 115 F.3d 711 (9th Cir. 1997) (Judge Trott) Both of these cases deal with the growing …
Article • July 1, 1997 • from P&J July, 1997
U.S. v. Webb, No. 96-50160 (9th Cir.) (115 F.3d 711) (June 9, 1997) (Judge Stephen S. Trott) by United States v. Dennis, 115 F.3d 524 (7th Cir. 1997) (Judge Wood) United States v. Webb, 115 F.3d 711 (9th Cir. 1997) (Judge Trott) Both of these cases deal with the growing …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Jerez, No. 95-1549 (7th Cir.) (108 F.3d 684) (February 27, 1997) (Judge Kenneth F. Ripple) by This case, involving a late-night search and seizure, covers a full panoply of many of the issues raised in such cases. Two Hispanic defendants, staying in a motel near an airport in …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Jerez, No. 95-1549 (7th Cir.) (108 F.3d 684) (February 27, 1997) (Judge Kenneth F. Ripple) by QUOTE OF THE WEEK - The hokum and hypocrisy of the metamorphic "drug dealer profile." "The 'drug dealer profile' is . . . laughable, because it can be used to justify designating …
Article • February 1, 1997 • from P&J February, 1997
U.S. v. One Lot of U.S. Currency ($36,634), No. 96-1753 (1st Cir.) (103 F.3d 1048) (January 8, 1997) (Judge Sandra L. Lynch) by The First Circuit concluded that the Government had met its burden of proving that the currency carried by the defendant was drug-related based on the following factors: …
Article • September 1, 1996 • from P&J September, 1996
Muhammed v. Drug Enforcement Agency, No. 95-3194 (8th Cir.) (92 F.3d 648) (August 8, 1996) (Judge C. Arlen Beam) by While the government's failure to approve the DEA's seizure in this case turned on the lack of adequate notice to the claimants, the facts are illustrative of the Court's view …
Article • January 1, 1994
U.S. v. Hooper, No. 90-1584, No. 1168 (2nd Cir.) (935 F.2d 484) (June 5, 1991) (Judge William Homer Timbers) by Case is noted for Judge Pratt's dissent in which he called the drug dealer profile "laughable" because it is so fluid that it can be used to justify designating anyone …
Article • January 1, 1994
U.S. v. Lui, No. 89-50557 (9th Cir.) (941 F.2d 844) (August 5, 1991) (Judge Cynthia Holcomb Hall) by Court denounced the use of drug courier profile evidence as inherently prejucicial and nothing more than opinion evidence. Court stated: " We have denounced the use of drug courier profile evidence as …
Article • January 1, 1994
U.S. v. Lim, No. 92-10078 (9th Cir.) (984 F.2d 331) (February 27, 1993) (Judge Harry Pregerson) by Case noted that drug courier profile evidence is extremely prejudicial and may be used only in limited circumstances, "such as to establish modus operandi in exceptional cases." (Id., at 335).