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Article • April 15, 2013 • from P&J April, 2013
U.S. v. Barajas, No. 12-3003 (10th Cir.) (710 F.3d 1102) (March 4, 2012) (Judge Paul J. Jr. Kelly) by In U.S. v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012), the Supreme Court held that “the Government's installation of a GPS device on a target's vehicle, and its use of …
Article • December 1, 2011
U.S. v. Clark, No. 09-3462-cr (2nd Cir.) (638 F.3d 89) (March 8, 2011) (Judge Reena Raggi) by In a criminal proceeding alleging two counts of unlawful possession of cocaine base, district court judgment suppressing evidence seized pursuant to a defective search warrant is vacated because the good faith exception to …
Article • March 1, 2006 • from P&J March, 2006
U.S. v. McClain, No. 04-5887 (6th Cir.) (444 F.3d 537) (March 31, 2006) (Per Curiam) by In U.S. v. McClain, 430 F.3d 299 (6th Cir. Dec. 2, 2005) (“McClain I”), the Sixth Circuit addressed a suppression order that had been issued in a case where there was (1) an illegal …
Article • December 1, 2005 • from P&J December, 2005
U.S. v. McClain, No. 04-5887 (6th Cir.) (430 F.3d 299) (December 2, 2005) (Judge Alice M. Batchelder) by In an issue of first impression for the Sixth Circuit, the Court was called upon to reconcile two conflicting doctrines of Fourth Amendment law. The Leon good faith doctrine (U.S. v. Leon, …
Article • July 1, 2005 • from P&J July, 2005
U.S. v. Laughton, No. 03-1202 (6th Cir.) (409 F.3d 744) (May 17, 2005) (Judge Martha Craig Daughtrey) by In this case, the Sixth Circuit held that where a search warrant was so lacking in any indicia of probable cause that no police officer could have reasonably relied upon its issuance …
Article • September 1, 2002 • from P&J September, 2002
U.S. v. Martin, No. 01-15691 (11th Cir.) (297 F.3d 1308) (July 18, 2002) (Judge Charles R. Wilson) by This case is noted principally for its concise explanation of the four generally recognized exceptions to the good faith rule established by the Supreme Court in U.S. v. Leon, 468 U.S. 897 …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Shugart, No. 96-40508 (5th Cir.) (117 F.3d 838) (July 14, 1997) (Judge Fortunato P. Benavides) by Here, even though the warrant in question had failed to describe the items to be searched with sufficient particularity, the Court upheld the validity of the search based on the officers' good …