Search | Punch and Jurists

U.S. v. Calhoun, No. 16-cr-92 (SRU) (D.Conn.) (236 F.Supp.3d 537) (February 16, 2017) (Judge Stefan R. Underhill)

Article • September 25, 2017 • from P&J September, 2017

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Calhoun, No. 16-cr-92 (SRU) (D.Conn.) (236 F.Supp.3d 537) (February 16, 2017) (Judge Stefan R. Underhill) by Another of the many exceptions to the general rule that warrantless searches are per se unreasonable is the “emergency aid” doctrine, which has been described by the Supreme Court as follows: “Law …

U.S. v. Cosme, No. 14-1625-cr (2nd Cir.) (796 F.3d 226) (August 10, 2015) (Judge John M. Jr. Walker)

Article • September 7, 2015 • from P&J September, 2015

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Cosme, No. 14-1625-cr (2nd Cir.) (796 F.3d 226) (August 10, 2015) (Judge John M. Jr. Walker) by This is another in a long string of cases in which Federal judges express concern about the Government’s seizure of assets at the commencement of criminal proceedings without any judicial finding …

U.S. v. Mallory, No. 13-2025 (3rd Cir.) (765 F.3d 373) (September 3, 2014) (Judge D. Michael Fisher)

Article • October 20, 2014 • from P&J October, 2014

Filed under: Punch And Jurists, Termination or Abatement of

U.S. v. Mallory, No. 13-2025 (3rd Cir.) (765 F.3d 373) (September 3, 2014) (Judge D. Michael Fisher) by The Court summarized the issue before it in this case as follows: “In nearly all circumstances, we require police officers to obtain a warrant supported by probable cause before engaging in a …

Michigan v. Tyler, No. 76-1608 (U.S. Supreme Court) (436 U.S. 499; 98 S.Ct. 1942) (May 31, 1978) (Justice Stewart)

Article • January 29, 2013

Filed under: Punch And Jurists, Emergency Doctrine

Michigan v. Tyler, No. 76-1608 (U.S. Supreme Court) (436 U.S. 499; 98 S.Ct. 1942) (May 31, 1978) (Justice Stewart) by In this case, the Court granted certiorari to consider the applicability of the Fourth and Fourteenth Amendments to official entries onto fire-damaged premises. Here, the respondents, Loren Tyler and Robert …

U.S. v. Moreno, No. 10-3567-cr (2nd Cir.) (701 F.3d 64) (November 20, 2012) (Judge Debra Ann Livingston)

Article • December 1, 2012

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Moreno, No. 10-3567-cr (2nd Cir.) (701 F.3d 64) (November 20, 2012) (Judge Debra Ann Livingston) by In appeal from conviction for heroin related crimes, judgment is affirmed because the district court did not err in denying defendant's motion to suppress evidence seized from her motel room, where: 1) …

Kentucky v. King, No. 09-1272 (U.S. Supreme Court) (563 U.S. 452; 131 S.Ct. 1849) (May 16, 2011) (Justice Alito)

Article • May 30, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Police Created Exigencies

Kentucky v. King, No. 09-1272 (U.S. Supreme Court) (563 U.S. 452; 131 S.Ct. 1849) (May 16, 2011) (Justice Alito) by Here the Court held by an 8-1 vote that a warrantless home entry based on exigent circumstances - even when the exigent circumstances were created by the police - does …

Fisher v. City of San Jose, No. 04-16095 (9th Cir.) (558 F.3d 1069) (March 11, 2009) (Judge Richard C. Tallman)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Need for an Arrest Warrant

Fisher v. City of San Jose, No. 04-16095 (9th Cir.) (558 F.3d 1069) (March 11, 2009) (Judge Richard C. Tallman) by Because of the extreme facts of this case, its outcome will probably neither surprise nor offend most Americans - or even most civil libertarians. Nevertheless, this case is noted …

U.S. v. Klump, No. 06-0339-cr (2nd Cir.) (536 F.3d 113) (August 4, 2008) (Judge Joseph M. McLaughlin)

Article • September 1, 2008 • from P&J September, 2008

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Klump, No. 06-0339-cr (2nd Cir.) (536 F.3d 113) (August 4, 2008) (Judge Joseph M. McLaughlin) by [Editor's Note: For a commentary on this decision, see "Second Circuit Affirms Imposition of a Ten-Year Statutory Mandatory Minimum in Place at the Time of the Offense Despite Its Expiration Prior to …

U.S. v. Black, No. 05-10640 (9th Cir.) (482 F.3d 1035) (April 9, 2007) (Judge Betty Binns Fletcher)

Article • March 1, 2007 • from P&J March, 2007

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Black, No. 05-10640 (9th Cir.) (482 F.3d 1035) (April 9, 2007) (Judge Betty Binns Fletcher) by The United States District Court for the District of Nevada denied defendant's motion to suppress evidence of a gun and defendant was convicted of being a felon in possession. Defendant was sentenced …

U.S. v. Gomez-Moreno, No. 05-20921 (5th Cir.) (479 F.3d 250) (February 12, 2007) (Judge E. Grady Jolly)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Manufactured Grounds

U.S. v. Gomez-Moreno, No. 05-20921 (5th Cir.) (479 F.3d 250) (February 12, 2007) (Judge E. Grady Jolly) by This is an interesting decision in which the Fifth Circuit caught the Immigration and Customs Enforcement agency, appropriately referred to as “ICE”, at a game of cooly manufacturing the very exigent circumstances …

U.S. v. Black, No. 05-10640 (9th Cir.) (466 F.3d 1143) (October 26, 2006) (Judge Betty Binns Fletcher)

Article • December 1, 2006 • from P&J December, 2006

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Black, No. 05-10640 (9th Cir.) (466 F.3d 1143) (October 26, 2006) (Judge Betty Binns Fletcher) by Defendant appealed his conviction and sentence, entered in the United States District Court for the District of Nevada, for being a felon in possession of a firearm. Defendant argued that the district …

Brigham City v. Stuart, No. 05-502 (U.S. Supreme Court) (547 U.S. 398; 126 S.Ct. 1943) (May 22, 2006) (Justice (John G.) Roberts)

Article • May 29, 2006 • from P&J April, 2006

Filed under: Punch And Jurists, Emergency Aid Doctrine

Brigham City v. Stuart, No. 05-502 (U.S. Supreme Court) (547 U.S. 398; 126 S.Ct. 1943) (May 22, 2006) (Justice (John G.) Roberts) by This case arose out of a warrantless search of a private home in Brigham City, UT in 2000, where an unruly house party was taking place. At …

U.S. v. Coles, No. 04-2134 (3rd Cir.) (437 F.3d 361) (February 9, 2006) (Judge Leonard I. Garth)

Article • January 1, 2006 • from P&J January, 2006

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Coles, No. 04-2134 (3rd Cir.) (437 F.3d 361) (February 9, 2006) (Judge Leonard I. Garth) by Perhaps the most surprising aspect of this decision is its acknowledgment of the unsettled state of the law on the relatively straightforward issue of whether an appellate court may delve into the …

Welsh v. Wisconsin, No. 82-5466 (U.S. Supreme Court) (466 U.S. 740; 104 S.Ct. 2091) (May 15, 1984) (Justice Brennan)

Article • February 27, 2004

Filed under: Punch And Jurists, Exigent Circumstances

Welsh v. Wisconsin, No. 82-5466 (U.S. Supreme Court) (466 U.S. 740; 104 S.Ct. 2091) (May 15, 1984) (Justice Brennan) by Here the Court granted certiorari to review a decision of the Wisconsis Supreme Court convicting petitioner on a non-jailable traffic offense, despite his claim that police violated the Fourth Amendment …

U.S. v. Williams, No. 02-5001 (6th Cir.) (354 F.3d 497) (December 29, 2003) (Judge R. Guy Jr. Cole)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Williams, No. 02-5001 (6th Cir.) (354 F.3d 497) (December 29, 2003) (Judge R. Guy Jr. Cole) by U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole) U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti) In Payton v. New York, 445 U.S. 573 (1980), …

U.S. v. Deemer, No. 03-30034 (9th Cir.) (354 F.3d 1130) (January 20, 2004) (Judge Melvin Brunetti)

Article • February 1, 2004 • from P&J February, 2004

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Deemer, No. 03-30034 (9th Cir.) (354 F.3d 1130) (January 20, 2004) (Judge Melvin Brunetti) by U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole) U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti) In Payton v. New York, 445 U.S. 573 (1980), the Supreme …

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

U.S. v. Santana, No. 75-19 (U.S. Supreme Court) (427 U.S. 38; 96 S.Ct. 2406) (June 24, 1976) (Justice Rehnquist)

Article • June 17, 2000

Filed under: Punch And Jurists, Exigent Circumstances

U.S. v. Santana, No. 75-19 (U.S. Supreme Court) (427 U.S. 38; 96 S.Ct. 2406) (June 24, 1976) (Justice Rehnquist) by In this case, police officers arrested a woman inside her home after setting the arrest in motion at the threshold of her hom. Using marked money, police officers made an …

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (112 F.3d 19) (April 29, 1997) (Per Curiam)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Exigent Circumstances

Joyce v. Town of Tewksbury, Mass., No. 95-1814 (1st Cir.) (112 F.3d 19) (April 29, 1997) (Per Curiam) by Case is noted for Judge Selya's rare dissent in which he observed: "In the absence of exigent circumstances - and nothing in the instant record suggests any exigency, let alone demonstrates …

U.S. v. Black, No. 05-10640 (9th Cir.) (482 F.3d 1044) (April 10, 2007) (Per Curiam)

Article • May 1, 1997 • from P&J May, 1997

Filed under: Punch And Jurists, Emergency Aid Doctrine

U.S. v. Black, No. 05-10640 (9th Cir.) (482 F.3d 1044) (April 10, 2007) (Per Curiam) by