Search | Punch and Jurists

U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam) by On the evening of March 20, 2004, four Washington, D.C. police officers who were riding in an unmarked police car received a radio alert that an unidentified suspect had attempted to steal a car …

James v. Illinois, No. 88-6075 (U.S. Supreme Court) (493 U.S. 307; 110 S.Ct. 648) (January 10, 1990) (Justice Brennan)

Article • June 19, 2006

Filed under: Punch And Jurists, Fourth Amendment

James v. Illinois, No. 88-6075 (U.S. Supreme Court) (493 U.S. 307; 110 S.Ct. 648) (January 10, 1990) (Justice Brennan) by Defendant was convicted of murder and attempted murder. The appellate court held that the exclusionary rule barred admission of defendant's illegally obtained statements for the purpose of impeaching a defense …

U.S. v. Brigham, No. 02-40719 (5th Cir.) (382 F.3d 500) (August 19, 2004) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Brigham, No. 02-40719 (5th Cir.) (382 F.3d 500) (August 19, 2004) (Judge Edith H. Jones) by This case is noted for Judge DeMoss' outspoken dissent in which he sharply criticized the majority for converting an innocuous traffic stop into a full blown investigation of the driver and all …

U.S. v. Cortez, No. 79-404 (U.S. Supreme Court) (449 U.S. 411; 101 S.Ct. 690) (January 21, 1981) (Justice Burger)

Article • October 10, 2003

Filed under: Punch And Jurists, Terry Stops

U.S. v. Cortez, No. 79-404 (U.S. Supreme Court) (449 U.S. 411; 101 S.Ct. 690) (January 21, 1981) (Justice Burger) by In U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975), the Supreme Court first articulated how the roving patrols of the U.S. Border Patrol could constitutionally make stops of vehicles traveling near …

U.S. v. Patterson, No. 01-6001 (6th Cir.) (340 F.3d 368) (August 15, 2003) (Judge Boyce F. Jr. Martin)

Article • September 1, 2003 • from P&J September, 2003

Filed under: Punch And Jurists, Terry Stops

U.S. v. Patterson, No. 01-6001 (6th Cir.) (340 F.3d 368) (August 15, 2003) (Judge Boyce F. Jr. Martin) by Once in a great while, a decision comes down that dramatically highlights the enormous disparity that exists in the judicial community about what constitutes “reasonable suspicion” under the Fourth Amendment. This …

Michigan v. Chesternut, No. 86-1824 (U.S. Supreme Court) (486 U.S. 567; 108 S.Ct. 1975) (June 13, 1988) (Justice Blackmun)

Article • July 14, 2003

Filed under: Punch And Jurists, Terry Stops

Michigan v. Chesternut, No. 86-1824 (U.S. Supreme Court) (486 U.S. 567; 108 S.Ct. 1975) (June 13, 1988) (Justice Blackmun) by Observing the approach of a police car on routine patrol, respondent began to run. The police followed him "to see where he was going," and, after catching up with him …

Sibron v. New York, No. 63 (U.S. Supreme Court) (392 U.S. 40; 88 S.Ct. 1889) (June 10, 2068) (Justice Warren)

Article • September 20, 2002

Filed under: Punch And Jurists, Terry Stops

Sibron v. New York, No. 63 (U.S. Supreme Court) (392 U.S. 40; 88 S.Ct. 1889) (June 10, 2068) (Justice Warren) by Here the Court held that the inference that the petitioner engaged in narcotics trafficking merely because he spoke with drug addicts did not constitute probable cause for a warrantless …

U.S. v. Casado, No. 01-1488 (2nd Cir.) (303 F.3d 440) (September 12, 2002) (Judge Robert D. Sack)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Casado, No. 01-1488 (2nd Cir.) (303 F.3d 440) (September 12, 2002) (Judge Robert D. Sack) by In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court addressed an important question concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and …

Michigan v. Long, No. 82-256 (U.S. Supreme Court) (463 U.S. 1032; 103 S.Ct. 3469) (July 6, 1983) (Justice O'Connor)

Article • October 14, 2001

Filed under: Punch And Jurists, Terry Stops

Michigan v. Long, No. 82-256 (U.S. Supreme Court) (463 U.S. 1032; 103 S.Ct. 3469) (July 6, 1983) (Justice O'Connor) by In this case the Court held that the police, while conducting a Terry stop search of a suspect, may search the suspect's person and the area within his immediate control. …

U.S. v. Holt, No. 99-7150 (10th Cir.) (229 F.3d 931) (August 24, 2000) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Holt, No. 99-7150 (10th Cir.) (229 F.3d 931) (August 24, 2000) (Judge Mary Beck Briscoe) by Here, in a decision subsequently reversed by the en banc court at 264 F.3d 1215 (10th Cir. 2001), a divided panel upheld the suppression of evidence obtained as a result of questions …

U.S. v. Sharpe, No. 83-529 (U.S. Supreme Court) (470 U.S. 675; 105 S.Ct. 1568) (March 20, 1985) (Justice Burger)

Article • July 1, 1999

Filed under: Punch And Jurists, Terry Stops

U.S. v. Sharpe, No. 83-529 (U.S. Supreme Court) (470 U.S. 675; 105 S.Ct. 1568) (March 20, 1985) (Justice Burger) by Here, while the Court affirmed that investigative stops must be brief, it rejected as "fundamentally at odds" with the Court's rulings on the topic, a per se rule that a …

U.S. v. Campbell, No. 98-60243 (5th Cir.) (178 F.3d 345) (June 10, 1999) (Judge Edith H. Jones)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Campbell, No. 98-60243 (5th Cir.) (178 F.3d 345) (June 10, 1999) (Judge Edith H. Jones) by Quoting from U.S. v. Sanders, 994 F.2d 200, 206-07 (5th Cir. 1993), the court stated: "In Sanders, this court observed that "using some force on a suspect, pointing a weapon at a …

U.S. v. Salzano, No. 97-3337 (10th Cir.) (158 F.3d 1107) (October 16, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Salzano, No. 97-3337 (10th Cir.) (158 F.3d 1107) (October 16, 1998) (Judge David M. Ebel) by Here the en banc court essentially affirmed, over Judge Bright's dissent, a prior panel's decision that holding the defendant in detention until canine dogs arrived was unreasonable and not supported by sufficent …

U.S. v. Erwin, No. 94-1766 (6th Cir.) (155 F.3d 818) (September 17, 1998) (Judge James L. Ryan)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Erwin, No. 94-1766 (6th Cir.) (155 F.3d 818) (September 17, 1998) (Judge James L. Ryan) by En banc Court held that police were not required to allow defendant to leave when their suspicion that he was driving while intoxicated proved unwarranted, but they could continue to detain him …

U.S. v. Acosta-Colon, No. 97-1170 (1st Cir.) (157 F.3d 9) (October 6, 1998) (Judge Norman H. Stahl)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Acosta-Colon, No. 97-1170 (1st Cir.) (157 F.3d 9) (October 6, 1998) (Judge Norman H. Stahl) by Case held that Federal officials who handcuffed an airport traveller and removed him to an interrogation room for nearly 30 minutes, causing him to miss a flight, effected a de facto arrest …

U.S. v. Castro, No. 96-40687 (5th Cir.) (129 F.3d 752) (November 19, 1997) (Judge Henry A. Politz)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Castro, No. 96-40687 (5th Cir.) (129 F.3d 752) (November 19, 1997) (Judge Henry A. Politz) by In the parlance of the Government's alphabet language, this is one of those IYCMAVAGSSTDI* cases (*"If you can't make a valid arrest, get some sucker to do it.") Here, a "massive" armada …

U.S. v. Brodie, No. 3:96-CR-363-H (N.D.Tex.) (975 F.Supp. 851) (February 18, 1997) (Judge Barefoot Sanders)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Brodie, No. 3:96-CR-363-H (N.D.Tex.) (975 F.Supp. 851) (February 18, 1997) (Judge Barefoot Sanders) by QUOTE OF THE WEEK - One of the most vivid assessments of the evils of ignoring the Fourth Amendment was given by Justice Marshall some ten years ago when he described the all-too common …

U.S. v. Alvarado-Ramirez, No. P-96-CR-59 (W.D.Tex.) (975 F.Supp. 906) (January 23, 1997) (Judge W. Royal Furgeson)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Alvarado-Ramirez, No. P-96-CR-59 (W.D.Tex.) (975 F.Supp. 906) (January 23, 1997) (Judge W. Royal Furgeson) by QUOTE OF THE WEEK - One of the most vivid assessments of the evils of ignoring the Fourth Amendment was given by Justice Marshall some ten years ago when he described the all-too …

U.S. v. Ogunbiyi, No. 3:95crs (N.D.W.Va.) (957 F.Supp. 89) (March 6, 1997) (Judge Robert Earl Maxwell)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Ogunbiyi, No. 3:95crs (N.D.W.Va.) (957 F.Supp. 89) (March 6, 1997) (Judge Robert Earl Maxwell) by United States v. Palacios, 957 F.Supp. 50 (S.D.N.Y. 1997) (Judge Cedarbaum) United States v. Skinner, 957 F.Supp 228 (M.D.Ga. 1997) (Judge Fitzpatrick) What is unusual about this trio of cases is that in …

U.S. v. Ventura, No. 95-1871 (1st Cir.) (85 F.3d 708) (May 30, 1996) (Judge Frank M. Coffin)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Terry Stops

U.S. v. Ventura, No. 95-1871 (1st Cir.) (85 F.3d 708) (May 30, 1996) (Judge Frank M. Coffin) by The defendants in this case were charged with failing to report the transportation of money in excess of $10,000 and with making false statements to Customs officials. They moved to suppress certain …