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Article • October 1, 2009 • from P&J October, 2009
Spinelli v. City of New York, No. 07-1237-cv (2nd Cir.) (579 F.3d 160) (August 7, 2009) (Judge John M. Jr. Walker) by In an action arising from defendants' confiscation of plaintiff's firearms inventory and suspension of her dealer's license, dismissal of plaintiffs' due process, Fourth Amendment, and tortious interference with …
Article • July 1, 2007 • from P&J July, 2007
U.S. v. Aukai, No. 04-10226 (9th Cir.) (497 F.3d 955) (August 10, 2007) (Judge Carlos T. Bea) by The defendant in this case, Daniel Aukai, showed up at the Honolulu International Airport without any identification. He passed through the metal detector without triggering any alarm, but he was automatically subject …
Article • September 22, 2005
New York v. Burger, No. 86-80 (U.S. Supreme Court) (482 U.S. 691; 107 S.Ct. 2636) (June 19, 1987) (Justice Blackmun) by The issue framed by the Court in this case was whether the warrantless search of an automobile junkyard, conducted pursuant to a statute authorizing such a search, falls within …
Article • January 1, 2004 • from P&J January, 2004
U.S. v. Maldonado, No. 03-1739 (1st Cir.) (356 F.3d 130) (January 20, 2004) (Judge Bruce M. Selya) by This case raised two issues of first impression for the First Circuit, namely whether interstate commercial trucking is a pervasively regulated industry, and if so, whether the regulatory scheme applicable to that …
Article • August 22, 2001
Donaldson v. U.S., No. 65 (U.S. Supreme Court) (400 U.S. 517; 91 S.Ct. 534) (January 25, 1971) (Justice Blackmun) by In this case, an IRS special agent issued summonses to a taxpayer's putative former employer and its accountant for the production of the employer's records of the taxpayer's employment and …
Article • August 22, 2001
U.S. v. LaSalle National Bank, No. 77-365 (U.S. Supreme Court) (437 U.S. 298; 98 S.Ct. 2357) (June 19, 1978) (Justice Blackmun) by This case was a supplement to the Supreme Court's decision in Donaldson v. United States, 400 U.S. 517 (1971). It presented the issue of whether the District Court …
Article • August 21, 2001
U.S. v. Morton Salt Co., No. 273 (U.S. Supreme Court) (338 U.S. 632; 70 S.Ct. 357) (February 6, 2050) (Justice Jackson) by Here, in a case involving an administrative request for corporate documents, the Supreme Court held that an agency's request for corporate documents should be approved by the judiciary …
Article • August 21, 2001
U.S. v. Powell, No. 54 (U.S. Supreme Court) (379 U.S. 48; 85 S.Ct. 248) (November 23, 2064) (Justice Harlan) by Here the Court held that the IRS need not show probable cause that a tax fraud has been committed in order to justify a broad administrative search through its subpoena …
Article • July 1, 2001 • from P&J July, 2001
Doe v. U.S., No. 00-4352 (6th Cir.) (253 F.3d 256) (June 14, 2001) (Judge Karen Nelson Moore) by Here the Court affirmed a district court's order denying a motion to quash an administrative subpoena in a health care fraud investigation - a decision that reviewed the current law on the …
Article • November 1, 1998 • from P&J November, 1998
U.S. v. Bulacan, No. 97-10222 (9th Cir.) (156 F.3d 963) (September 17, 1998) (Judge Harry Pregerson) by The court noted that because administrative searches "require no warrant or particularized suspicion, an administrative search scheme invests the Government with the power to intrude into the privacy of ordinary citizens. This power …
Article • January 1, 1994
U.S. v. Markwood, No. 93-2059 (6th Cir.) (48 F.3d 975) (March 17, 1995) (Judge Boyce F. Jr. Martin) by