Search | Punch and Jurists

U.S. v. Tinnie, No. 09-4082 (7th Cir.) (629 F.3d 749) (January 18, 2011) (Judge Daniel A. Manion)

Article • March 21, 2011 • from P&J March, 2011

Filed under: Punch And Jurists, Body Frisk

U.S. v. Tinnie, No. 09-4082 (7th Cir.) (629 F.3d 749) (January 18, 2011) (Judge Daniel A. Manion) by Circuit Judge David Hamilton (who was appointed to the Seventh Circuit in 2009 by President Obama) was clearly not happy when a majority of the panel on which he was sitting routinely …

U.S. v. Howard, No. 06-0457-cr (2nd Cir.) (489 F.3d 484) (June 5, 2007) (Judge Sonia Sotomayor)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Howard, No. 06-0457-cr (2nd Cir.) (489 F.3d 484) (June 5, 2007) (Judge Sonia Sotomayor) by For an analysis of the holding in this case, see "Troopers' Trickery In Searching Cars Ruled Constitutional," by Mark Hamblett, as published in the New York Law Journal, June 6, 2007: June 6, …

Carroll v. U.S., No. 15 (U.S. Supreme Court) (267 U.S. 132; 45 S.Ct. 280) (March 2, 2025) (Justice Taft)

Article • March 11, 2006

Filed under: Punch And Jurists, Searches - Automobile

Carroll v. U.S., No. 15 (U.S. Supreme Court) (267 U.S. 132; 45 S.Ct. 280) (March 2, 2025) (Justice Taft) by In this case, the Court first recognized the so-called automobile exception to the Fourth Amendment's requirement that requires all searches to be supported by a warrant based on probable cause. …

California v. Acevedo, No. 89-1690 (U.S. Supreme Court) (500 U.S. 565; 111 S.Ct. 1982) (May 30, 1991) (Justice Blackmun)

Article • June 3, 2005

Filed under: Punch And Jurists, Searches - Automobile

California v. Acevedo, No. 89-1690 (U.S. Supreme Court) (500 U.S. 565; 111 S.Ct. 1982) (May 30, 1991) (Justice Blackmun) by Case held that police, in a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that …

Arkansas v. Sanders, No. 77-1479 (U.S. Supreme Court) (442 U.S. 753; 99 S.Ct. 2586) (June 20, 1979) (Justice Powell)

Article • June 3, 2005

Filed under: Punch And Jurists, Single-purpose container exception

Arkansas v. Sanders, No. 77-1479 (U.S. Supreme Court) (442 U.S. 753; 99 S.Ct. 2586) (June 20, 1979) (Justice Powell) by In this case, the Court established the "single-purpose container" exception to the warrant requirement - a concept that was later elaborated on in Robbins v. California, 453 U.S. 420 (1981). …

Robbins v. California, No. 80-148 (U.S. Supreme Court) (453 U.S. 420; 101 S.Ct. 2841) (July 1, 1981) (Justice Stewart)

Article • June 2, 2005

Filed under: Punch And Jurists, Single-purpose container exception

Robbins v. California, No. 80-148 (U.S. Supreme Court) (453 U.S. 420; 101 S.Ct. 2841) (July 1, 1981) (Justice Stewart) by The petitioner in this case sought review of his conviction for various drug offenses. The California state courts upheld the conviction, finding that defendant's pretrial motion to suppress was properly …

U.S. v. Swindle, No. 03-1773 (2nd Cir.) (407 F.3d 562) (May 11, 2005) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Swindle, No. 03-1773 (2nd Cir.) (407 F.3d 562) (May 11, 2005) (Judge Wilfred Feinberg) by

U.S. v. Gust, No. 04-30208 (9th Cir.) (403 F.3d 797) (April 26, 2005) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Single-purpose container exception

U.S. v. Gust, No. 04-30208 (9th Cir.) (403 F.3d 797) (April 26, 2005) (Judge Ronald M. Gould) by Defendant filed a motion to suppress a shotgun. The motion was denied. Defendant entered a conditional guilty plea for possession of an unregistered firearm in violation of 26 U.S.C.S. § 5861(d), in …

U.S. v. Moran, No. 1:03-CR-452 (N.D.N.Y.) (349 F.Supp.2d 425) (January 5, 2005) (Judge David N. Hurd)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Moran, No. 1:03-CR-452 (N.D.N.Y.) (349 F.Supp.2d 425) (January 5, 2005) (Judge David N. Hurd) by As a sign of the times in which we live, Judge Hurd rejected the defendant’s motion to suppress evidence seized in his car that was derived from a Global Positioning System (“GPS”) device …

Illinois v. Caballes, No. 03-923 (U.S. Supreme Court) (543 U.S. 405; 125 S.Ct. 834) (January 24, 2005) (Justice Stevens)

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

Filed under: Punch And Jurists, Searches - Automobile

Illinois v. Caballes, No. 03-923 (U.S. Supreme Court) (543 U.S. 405; 125 S.Ct. 834) (January 24, 2005) (Justice Stevens) by By a 6-to-2 vote, the Supreme Court ruled that police do not violate the Fourth Amendment when they use a drug-detecting dog to locate illegal drugs during a legal traffic …

U.S. v. Ross, No. 80-2209 (U.S. Supreme Court) (456 U.S. 798; 102 S.Ct. 2157) (June 1, 1982) (Justice Stevens)

Article • October 16, 2004 • from P&J December, 2004

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Ross, No. 80-2209 (U.S. Supreme Court) (456 U.S. 798; 102 S.Ct. 2157) (June 1, 1982) (Justice Stevens) by Here the Court held that in cases where there was probable cause to search a vehicle "a search is not unreasonable if based on facts that would justify the issuance …

U.S. v. Ramos-Caraballo, No. 03-2274 (8th Cir.) (375 F.3d 797) (July 26, 2004) (Judge David R. Hansen)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Ramos-Caraballo, No. 03-2274 (8th Cir.) (375 F.3d 797) (July 26, 2004) (Judge David R. Hansen) by Here, stretching the boundaries of pretextual - but legal - automobile searches to new limits, the Eighth Circuit held that a police officer’s observation of an “air freshener” hanging from the rearview …

Delaware v. Prouse, No. 77-1571 (U.S. Supreme Court) (440 U.S. 648; 99 S.Ct. 1391) (March 27, 1979) (Justice White)

Article • November 1, 2003

Filed under: Punch And Jurists, Searches - Automobile

Delaware v. Prouse, No. 77-1571 (U.S. Supreme Court) (440 U.S. 648; 99 S.Ct. 1391) (March 27, 1979) (Justice White) by Here the Court condemned as a violation of the Fourth Amendment suspicionless searches of automobiles based on a "standardless and unconstrained discretion" of the police that was unrelated to any …

Chambers v. Maroney, No. 830 (U.S. Supreme Court) (399 U.S. 42; 90 S.Ct. 1975) (June 22, 1970) (Justice White)

Article • September 30, 2003

Filed under: Punch And Jurists, Searches - Automobile

Chambers v. Maroney, No. 830 (U.S. Supreme Court) (399 U.S. 42; 90 S.Ct. 1975) (June 22, 1970) (Justice White) by Here the Court held that officers with probable cause to search an automobile at the scene of an arrest or stop may constitutionally seize the automobile and subsequently search it …

U.S. v. Mercado, No. 01-10507 (10th Cir.) (307 F.3d 1226) (October 4, 2002) (Judge Monroe G. McKay)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Mercado, No. 01-10507 (10th Cir.) (307 F.3d 1226) (October 4, 2002) (Judge Monroe G. McKay) by In Florida v. White, 526 U.S. 559 (1999), a bitterly divided Supreme Court established what has become known as the “automobile exception” to the Fourth Amendment’s warrant requirement. In that case, the …

California v. Carney, No. 83-859 (U.S. Supreme Court) (471 U.S. 386; 105 S.Ct. 2066) (May 13, 1985) (Justice Burger)

Article • July 29, 2002

Filed under: Punch And Jurists, Searches - Automobile

California v. Carney, No. 83-859 (U.S. Supreme Court) (471 U.S. 386; 105 S.Ct. 2066) (May 13, 1985) (Justice Burger) by Here the Court held that the automobile exception to the warrant requirement applies even to motor homes, parked in a public place, pm the theory that it possessed the elements …

U.S. v. Holt, No. 99-7150 (10th Cir.) (264 F.3d 1215) (September 5, 2001) (Judge David M. Ebel)

Article • October 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Holt, No. 99-7150 (10th Cir.) (264 F.3d 1215) (September 5, 2001) (Judge David M. Ebel) by This is an important Fourth Amendment decision that deals with the permissible scope of police questioning during routine traffic stops. The law governing that topic was established by the Supreme Court in …

U.S. v. Nee, No. 00-2037 (1st Cir.) (261 F.3d 79) (August 20, 2001) (Judge Kermit A. Lipez)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Nee, No. 00-2037 (1st Cir.) (261 F.3d 79) (August 20, 2001) (Judge Kermit A. Lipez) by In this case the panel held that where the officers could have called in the license plate to determine if the car had been reported stolen, and where the officers testified to …

New York v. Class, No. 84-1181 (U.S. Supreme Court) (475 U.S. 106; 106 S.Ct. 960) (February 25, 1986) (Justice O'Connor)

Article • June 30, 2001

Filed under: Punch And Jurists, Searches - Automobile

New York v. Class, No. 84-1181 (U.S. Supreme Court) (475 U.S. 106; 106 S.Ct. 960) (February 25, 1986) (Justice O'Connor) by The issue addressed by the Court in this case was "whether, in order to observe a Vehicle Identification Number (VIN) generally visible from outside an automobile, a police officer …

U.S. v. Wald, No. 99-4044 (10th Cir.) (216 F.3d 1222) (July 10, 2000) (Judge Michael R. Murphy)

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

Filed under: Punch And Jurists, Searches - Automobile

U.S. v. Wald, No. 99-4044 (10th Cir.) (216 F.3d 1222) (July 10, 2000) (Judge Michael R. Murphy) by This decision is noted for its strong rejection of the Government's usual arguments that it had probable cause to conduct a search of the trunk of the defendant's car after the police …