Search | Punch and Jurists

Navarette v. California, No. 12-9490 (U.S. Supreme Court) (572 U.S. 393; 134 S.Ct. 1683) (April 22, 2014) (Justice Thomas)

Article • April 28, 2014 • from P&J April, 2014

Filed under: Punch And Jurists, Anonymous Tip

Navarette v. California, No. 12-9490 (U.S. Supreme Court) (572 U.S. 393; 134 S.Ct. 1683) (April 22, 2014) (Justice Thomas) by In this case, a sharply divided Supreme Court expanded significantly the scope of the existing precedents on the right of the police to make a lawful stop and search and …

U.S. v. Steppello, No. 10-4527-cr (2nd Cir.) (664 F.3d 359) (December 23, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Steppello, No. 10-4527-cr (2nd Cir.) (664 F.3d 359) (December 23, 2011) (Per Curiam) by In a prosecution alleging possession with intent to distribute cocaine in which the defendant sought to suppress cocaine seized from his person incident to his arrest, cocaine seized from his residence pursuant to a …

U.S. v. Frechette, No. 08-2191 (6th Cir.) (583 F.3d 374) (October 8, 2009) (Judge Amul R. Thapar)

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

Filed under: Punch And Jurists, Purchase of Porn Site Subscription

U.S. v. Frechette, No. 08-2191 (6th Cir.) (583 F.3d 374) (October 8, 2009) (Judge Amul R. Thapar) by The central issue in this case was whether probable cause existed to obtain a search warrant to search a person’s home and computer based on the sole fact that he purchased a …

U.S. v. Kone, No. 08 Cr. 557 (SAS) (S.D.N.Y.) (591 F.Supp.2d 593) (November 5, 2008) (Judge Shira A. Scheindlin)

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

Filed under: Punch And Jurists, Search "Orders" under the All Writs Act

U.S. v. Kone, No. 08 Cr. 557 (SAS) (S.D.N.Y.) (591 F.Supp.2d 593) (November 5, 2008) (Judge Shira A. Scheindlin) by Here Judge Scheindlin issued an important ruling curtailing the use of Federal probation officers as surrogates for Federal law enforcement agents in criminal investigations; and she rejected as invalid substitute …

U.S. v. Falso, No. 06-2721-cr (2nd Cir.) (544 F.3d 110) (September 25, 2008) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Falso, No. 06-2721-cr (2nd Cir.) (544 F.3d 110) (September 25, 2008) (Judge Sonia Sotomayor) by Editor's Note: For commentaries on this decision, see • "2nd Circuit Divides Over Warrant in Internet Child Porn Case," by Mark Hamblett, as published in the New York Law Journal, October 1, 2008, …

U.S. v. Kelley, No. 05-10547 (9th Cir.) (482 F.3d 1047) (April 9, 2007) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Unsolicited Emails

U.S. v. Kelley, No. 05-10547 (9th Cir.) (482 F.3d 1047) (April 9, 2007) (Judge Pamela Ann Rymer) by

Michigan v. Summers, No. 79-1794 (U.S. Supreme Court) (452 U.S. 692; 101 S.Ct. 2587) (June 22, 1981) (Justice Stevens)

Article • April 10, 2007

Filed under: Punch And Jurists, Probable/Proximate Cause

Michigan v. Summers, No. 79-1794 (U.S. Supreme Court) (452 U.S. 692; 101 S.Ct. 2587) (June 22, 1981) (Justice Stevens) by In this case, the Detroit police obtained a warrant to search a house for narcotics. Just as they arrived, they encountered Summers descending the front steps. In an action the …

U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Crapser, No. 05-30456 (9th Cir.) (472 F.3d 1141) (January 10, 2007) (Judge Susan P. Graber) by Admirers of one of the greatest Fourth Amendment champions still on the bench will be interested in this Ninth Circuit decision, which affirms a defendant’s conviction for being a felon in possession …

U.S. v. Kelley, No. 05-10547 (9th Cir.) (478 F.3d 1068) (March 1, 2007) (Judge Pamela Ann Rymer)

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

Filed under: Punch And Jurists, Unsolicited Emails

U.S. v. Kelley, No. 05-10547 (9th Cir.) (478 F.3d 1068) (March 1, 2007) (Judge Pamela Ann Rymer) by This is an interesting Fourth Amendment decision about whether law enforcement officials can establish probable cause sufficient to justify a search warrant based solely on the fact that a suspect has received …

U.S. v. Burton, No. 05-2130 (7th Cir.) (441 F.3d 509) (March 20, 2006) (Judge Richard A. Posner)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Burton, No. 05-2130 (7th Cir.) (441 F.3d 509) (March 20, 2006) (Judge Richard A. Posner) by Here the Court held that "[c]ontrary to popular belief, the Fourth Amendment does not require that a search be based on probable cause to believe that the search will yield contraband or …

Giordenello v. U.S., No. 549 (U.S. Supreme Court) (357 U.S. 480; 78 S.Ct. 1245) (June 30, 2058) (Justice Harlan)

Article • September 11, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Giordenello v. U.S., No. 549 (U.S. Supreme Court) (357 U.S. 480; 78 S.Ct. 1245) (June 30, 2058) (Justice Harlan) by Defendant sought review of a decision of the Fifth Circuit, which affirmed the lower court's decision that convicted him of the unlawful purchase of narcotics. Certiorari was granted to consider …

Brinegar v. U.S., No. 12 (U.S. Supreme Court) (338 U.S. 160; 69 S.Ct. 1302) (June 27, 2049) (Justice Rutledge)

Article • September 8, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Brinegar v. U.S., No. 12 (U.S. Supreme Court) (338 U.S. 160; 69 S.Ct. 1302) (June 27, 2049) (Justice Rutledge) by Here the Court held that probable cause exists where "the facts and circumstances within [the officers'] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to …

Illinois v. Gates, No. 81-430 (U.S. Supreme Court) (462 U.S. 213; 103 S.Ct. 2317) (June 8, 1983) (Justice Rehnquist)

Article • August 18, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

Illinois v. Gates, No. 81-430 (U.S. Supreme Court) (462 U.S. 213; 103 S.Ct. 2317) (June 8, 1983) (Justice Rehnquist) by In this case the Court was faced with the adequacy of a search warrant and it emphasized that a reviewing magistrate's probable cause determination must be based upon "a 'substantial …

U.S. v. Jackson, No. 04-3021 (D.C. Cir.) (415 F.3d 88) (July 22, 2005) (Judge Judith W. Rogers)

Article • July 1, 2005 • from P&J July, 2005

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Jackson, No. 04-3021 (D.C. Cir.) (415 F.3d 88) (July 22, 2005) (Judge Judith W. Rogers) by Tarry Jackson was stopped by two United States Park Police officers for driving a car at night without a functioning light on the license plate. Jackson could produce neither a driver’s license …

Devenpeck v. Alford, No. 03-710 (U.S. Supreme Court) (543 U.S. 146; 125 S.Ct. 588) (December 13, 2004) (Justice Scalia)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

Devenpeck v. Alford, No. 03-710 (U.S. Supreme Court) (543 U.S. 146; 125 S.Ct. 588) (December 13, 2004) (Justice Scalia) by The issue before the Court in this case was whether an arrest is lawful under the Fourth Amendment when the criminal offense for which there is probable cause to arrest …

American-Arab Anti-Distrimination Comm. v. Mass. Bay Transporation Auth., No. Civ. No. 04-11652-GAO (D.Mass.) (2004 U.S. Dist. LEXIS 14345) (July 28, 2004) (Judge George A. Jr. O'Toole)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

American-Arab Anti-Distrimination Comm. v. Mass. Bay Transporation Auth., No. Civ. No. 04-11652-GAO (D.Mass.) (2004 U.S. Dist. LEXIS 14345) (July 28, 2004) (Judge George A. Jr. O'Toole) by Sharply disagreeing with the approach taken by Judge Sweet in Stauber v. City of New York, No. 03 Civ. 9162 (S.D.N.Y. July 16, …

Stauber v. The City of New York, No. 03 Civ. 9162 (RWS) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 13350) (July 16, 2004) (Judge Robert W. Sweet)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

Stauber v. The City of New York, No. 03 Civ. 9162 (RWS) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 13350) (July 16, 2004) (Judge Robert W. Sweet) by In response to three separate actions filed against the New York City Police Department, Judge Sweet has ruled that police officers cannot search the …

Maryland v. Pringle, No. 02-809 (U.S. Supreme Court) (540 U.S. 366; 124 S.Ct. 795) (December 15, 2003) (Justice Rehnquist)

Article • December 20, 2003 • from P&J November, 2003

Filed under: Punch And Jurists, Probable/Proximate Cause

Maryland v. Pringle, No. 02-809 (U.S. Supreme Court) (540 U.S. 366; 124 S.Ct. 795) (December 15, 2003) (Justice Rehnquist) by In this search and seizure case, the Supreme Court held that the police had constitutional authority to arrest all three occupants of a car they had stopped for speeding, after …

U.S. v. Perkins, No. 02-15891 (11th Cir.) (348 F.3d 965) (October 22, 2003) (Judge Rosemary Barkett)

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

Filed under: Punch And Jurists, Probable/Proximate Cause

U.S. v. Perkins, No. 02-15891 (11th Cir.) (348 F.3d 965) (October 22, 2003) (Judge Rosemary Barkett) by Here the Court affirmed a suppression motion, holding that the police had unreasonably prolonged a traffic stop of two defendants, when they had no reasonable basis to detain them; and that extreme nervousness …

Ornelas v. U.S., No. 95-5257 (U.S. Supreme Court) (517 U.S. 690; 116 S.Ct. 1657) (May 28, 1996) (Justice Rehnquist)

Article • December 3, 2002

Filed under: Punch And Jurists, Probable/Proximate Cause

Ornelas v. U.S., No. 95-5257 (U.S. Supreme Court) (517 U.S. 690; 116 S.Ct. 1657) (May 28, 1996) (Justice Rehnquist) by In this case, the defendants were stopped because of alleged resemblance with drug courier profiles. Additionally, their names appeared on a national law enforcement list of persons suspected of drug …