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Article • September 25, 2017 • from P&J September, 2017
U.S. v. Lewis, No. 16-3308 (8th Cir.) (864 F.3d 937) (July 27, 2017) (Judge William Duane Benton) by This decision is noted for the Eighth Circuit’s emphatic rejection of the Government’s claimed use of the “plain view” exception to the Fourth Amendment’s warrant requirement, because of the Government’s failure to …
Article • July 15, 2013 • from P&J July, 2013
U.S. v. Galpin, No. 11-4808-cr (2nd Cir.) (720 F.3d 436) (June 25, 2013) (Judge Laura Taylor Swain) by The explosive, near exponential growth of the digital world continues to embroil the courts in cases and controversies that were never contemplated when the Fourth Amendment came into effect as a Constitutional …
Article • September 20, 2010 • from P&J September, 2010
U.S. v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir.) (621 F.3d 1162) (September 13, 2010) (Per Curiam) by Here, on a Government motion for a rehearing, the Ninth Circuit amended and significantly diluted its previous en banc decision in which it had established a set of sweeping protocols to …
Article • August 1, 2009 • from P&J August, 2009
U.S. v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir.) (579 F.3d 989) (August 26, 2009) (Judge Alex Kozinski) by This consolidated decision grew out of the Federal Government’s aggressive and seemingly endless investigation into steroid use by professional baseball players; and it involves the Government’s appeals from adverse rulings …