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Article • October 1, 2010
Filed under: Punch And Jurists, Sealing
U.S. v. Amanuel, No. 06-1103-cr (2nd Cir.) (615 F.3d 117) (July 29, 2010) (Judge Peter W. Hall) by In a prosecution for conspiracy to distribute cocaine, a grant of defendants' motion to suppress certain intercepted electronic communications is vacated where the failure properly to record and seal the electronic interceptions …
Article • October 1, 2007 • from P&J October, 2007
In Re United States, No. C.C. No. Misc. 07-127 (S.D.Tex.) (2007 U.S. Dist. LEXIS 82692) (November 8, 2007) (Judge Magistrate) by The ongoing debate about amending FISA and other laws that affect the Government’s ability to eavesdrop on suspected terrorists has effectively hidden from public view Government’s growing practice of …
Article • July 27, 2007
Smith v. Maryland, No. 78-5374 (U.S. Supreme Court) (442 U.S. 735; 99 S.Ct. 2577) (June 20, 1979) (Justice Blackmun) by In its decision the Court emphasized that it "consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties." (Id., …
Article • January 1, 2006 • from P&J January, 2006
Filed under: Punch And Jurists, Sealing
U.S. v. Napier, No. 04-10249 (9th Cir.) (436 F.3d 1133) (February 7, 2006) (Judge Stephen S. Trott) by This decision addresses the balance between a defendant’s right to test the validity of a search warrant against the government’s need to keep certain information confidential. Under Franks v. Delaware, a defendant …
Article • October 1, 2002 • from P&J October, 2002
In Re Sealed Case No. 02-001, No. 02-001 (F.I.S.C.R.) (310 F.3d 717) (November 18, 2002) (Per Curiam) by Here the secret Foreign Intelligence Surveillance Court of Review reversed a lower court decision and held that the Government has broad powers to conduct surveillance of suspected terrorists, stating the procedures "come …
Article • June 21, 2000
Dalia v. U.S., No. 77-1722 (U.S. Supreme Court) (441 U.S. 238; 99 S.Ct. 1682) (April 18, 1979) (Justice Powell) by In this case three agents of the FBI pried open a window to petitioner's business office and secretly entered the premises. During the next three hours they moved freely about …
Article • June 21, 2000
U.S. v. Karo, No. 83-850 (U.S. Supreme Court) (468 U.S. 705; 104 S.Ct. 3296) (July 3, 1984) (Justice White) by In this case, DEA agents, authorized by court order, installed a transmitter in a can of ether that the government owned at the time, and then had an informant sell …
Article • March 1, 2000 • from P&J March, 2000
Filed under: Punch And Jurists, Sealing
U.S. v. Balsam, No. 98-1476 (1st Cir.) (203 F.3d 72) (February 11, 2000) (Judge Conrad K. Cyr) by In affirming the district court's sealing of an indictment to protect a key Government witness, the Court stated that Fed.R.Crim.P. 6(e)(4) "rests on the premise that criminal defendants not yet in custody …