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Article • May 14, 2009
I.N.S. v. Lopez-Mendoza, No. 83-491 (U.S. Supreme Court) (468 U.S. 1032; 104 S.Ct. 3479) (July 5, 1984) (Justice O'Connor) by In this case, the Supreme Court reviewed two civil cases, both involving deportation proceedings that took place following unlawful arrests. Adan Lopez-Mendoza challenged an immigration court's jurisdiction over his person …
Article • April 1, 2006 • from P&J April, 2006
U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (441 F.3d 1061) (March 30, 2006) (Per Curiam) by
Article • November 1, 2005 • from P&J November, 2005
U.S. v. Ortiz-Hernandez, No. 03-30355 (9th Cir.) (427 F.3d 567) (October 27, 2005) (Per Curiam) by The defendant in this case, Jose Ortiz-Hernandez (“Jose”), was arrested in 2002 by police officers in Portland, OR on suspicion of drug dealing. Those charges were subsequently dropped, however, when fingerprints that were taken …
Article • October 24, 2005
Davis v. Mississippi, No. 645 (U.S. Supreme Court) (394 U.S. 721; 89 S.Ct. 1394) (April 22, 1969) (Justice Brennan) by Here the Court vacated the conviction of a young black man on the grounds that his fingerprints had been obtained as the product of an illegal arrest and should have …
Article • August 1, 2005
Hayes v. Florida, No. 83-6766 (U.S. Supreme Court) (470 U.S. 811; 105 S.Ct. 1643) (March 20, 1985) (Justice White) by The Court held that where there was no probable cause to arrest petitioner, no consent to the journey to the police station, and no prior judicial authorization for detaining him, …
Article • May 1, 2004 • from P&J May, 2004
U.S. v. Mitchell, No. 02-2859 (3rd Cir.) (365 F.3d 215) (April 29, 2004) (Judge Edward R. Becker) by As the events surrounding the recent arrest and incarceration of Oregon attorney Brendon Mayfield proved, the FBI’s ability to achieve a positive match from at least some fingerprint evidence may be far …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Sutton, No. 02-1679 (7th Cir.) (337 F.3d 792) (July 23, 2003) (Judge Richard D. Cudahy) by Here, in a switch from its customary position, the Government strenuously objected to proposed introduction of fingerprint evidence by the defendants in this case; and the Government prevailed on that issue principally …
Article • June 1, 2002 • from P&J June, 2002
U.S. v. Mitchell, No. CR.A. 96-407-1 (E.D.Pa.) (199 F.Supp.2d 262) (April 9, 2002) (Judge J. Curtis Joyner) by Some six months prior to this decision, Judge Milton Pollack of the E.D.Pa. set off a maelstrom when he issued two controversial and highly publicized decisions about the admissibility of fingerprint identification …
Article • February 1, 2002 • from P&J February, 2002
U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (188 F.Supp.2d 549) (March 13, 2002) (Judge Louis H. Pollak) by This decision represents a dramatic judicial retreat from a highly publicized decision that was published just two months ago. On January 7, 2002, in a decision previously reported at 179 F.Supp.2d …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. Llera-Plaza, No. Cr. No. 98-362-10 (E.D.Pa.) (179 F.Supp.2d 492) (January 7, 2002) (Judge Milton Pollack) by Here the Court held that the Government could not use expert testimony to establish a “match” between fingerprints taken at a crime scene and those of the defendant because such testimony was …