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U.S. v. Allen, No. 13-3333-cr (2nd Cir.) (813 F.3d 76) (January 29, 2016) (Judge Gerard E. Lynch)
Article • December 1, 2016 • from P&J March, 2016
Filed under: Punch And Jurists, Across-Threshold-Arrests
U.S. v. Allen, No. 13-3333-cr (2nd Cir.) (813 F.3d 76) (January 29, 2016) (Judge Gerard E. Lynch) by In this case, the Second Circuit vacated a conviction for being a felon in possession of a firearm, on the ground that the defendant's across-the-threshold warrantless arrest violated the Fourth Amendment since …
Payton v. New York, No. 78-5420 (U.S. Supreme Court) (445 U.S. 573; 100 S.Ct. 1371) (April 15, 1980) (Justice Stevens)
Article • September 20, 2014
Filed under: Punch And Jurists, Searches - Home/Curtilage
Payton v. New York, No. 78-5420 (U.S. Supreme Court) (445 U.S. 573; 100 S.Ct. 1371) (April 15, 1980) (Justice Stevens) by This seminal case on the Fourth Amendment held that the Fourth Amendment forbids arresting a suspect inside his home unless the police first obtain an arrest warrant or an …
U.S. v. Hayes, No. 07-0063-cr (2nd Cir.) (551 F.3d 138) (December 24, 2008) (Judge Roger J. Miner)
Article • February 1, 2009 • from P&J February, 2009
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Hayes, No. 07-0063-cr (2nd Cir.) (551 F.3d 138) (December 24, 2008) (Judge Roger J. Miner) by Conviction for possession with intent to distribute cocaine is affirmed over a claim of erroneous denial of a motion to suppress based on assertions that: 1) the area of scrub brush where …
Oliver v. U.S., No. 82-15 (U.S. Supreme Court) (466 U.S. 170; 104 S.Ct. 1735) (April 17, 1984) (Justice Powell)
Article • August 12, 2005
Filed under: Punch And Jurists, Searches - Home/Curtilage
Oliver v. U.S., No. 82-15 (U.S. Supreme Court) (466 U.S. 170; 104 S.Ct. 1735) (April 17, 1984) (Justice Powell) by In this case the Court held than "an individual has no legitimate expectation that open fields will remain free from warrantless intrusion by government officers" (id., at 181), thus affirming …
Kirk v. Louisiana, No. 01-8419 (U.S. Supreme Court) (536 U.S. 635; 122 S.Ct. 2458) (June 24, 2002) (Per Curiam)
Article • June 1, 2002 • from P&J June, 2002
Filed under: Punch And Jurists, Searches - Home/Curtilage
Kirk v. Louisiana, No. 01-8419 (U.S. Supreme Court) (536 U.S. 635; 122 S.Ct. 2458) (June 24, 2002) (Per Curiam) by In an era when exceptions and inroads to the sanctity of the Fourth Amendment’s protections have become commonplace, this brief per curiam order shows that the Supreme Court at least …
U.S. v. Dunn, No. 85-998 (U.S. Supreme Court) (480 U.S. 294; 107 S.Ct. 1134) (March 3, 1987) (Justice White)
Article • January 27, 2001
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Dunn, No. 85-998 (U.S. Supreme Court) (480 U.S. 294; 107 S.Ct. 1134) (March 3, 1987) (Justice White) by Here the Court held that the area near the barn is not within the curtilage of a house for 4th Amendment purposes; and it set forth four factors to be …
U.S. v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White)
Article • July 2, 2000
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White) by Here the Court held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home since there was …
California v. Ciraolo, No. 84-1513 (U.S. Supreme Court) (476 U.S. 207; 106 S.Ct. 1809) (May 19, 1986) (Justice Burger)
Article • June 30, 2000
Filed under: Punch And Jurists, Searches - Home/Curtilage
California v. Ciraolo, No. 84-1513 (U.S. Supreme Court) (476 U.S. 207; 106 S.Ct. 1809) (May 19, 1986) (Justice Burger) by The Court observed that the fact that "the observation from [the] aircraft was directed at identifying the plants and the officers were trained to recognize marijuana [was] irrelevant." (Id., at …
Florida v. Riley, No. 87-764 (U.S. Supreme Court) (488 U.S. 445; 109 S.Ct. 693) (January 23, 1989) (Justice White)
Article • April 19, 2000
Filed under: Punch And Jurists, Searches - Home/Curtilage
Florida v. Riley, No. 87-764 (U.S. Supreme Court) (488 U.S. 445; 109 S.Ct. 693) (January 23, 1989) (Justice White) by Here the Court held that surveillance of the interior of a partially covered greehouse in a residential backyard from helicopter is not a "search" for Fourth Amendment purposes which requires …
U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood) by Court adopted a "balancing approach" to determine that a search of one's garbage was proper, even though the garbage was located within his home's curtilage; although a number of judges dissented.
U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood)
Article • May 1, 1998 • from P&J May, 1998
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Redmon, No. 96-3361 (7th Cir.) (138 F.3d 1109) (March 10, 1998) (Judge Harlington Jr. Wood) by Court adopted a "balancing approach" to determine that a search of one's garbage was proper, even though the garbage was located within his home's curtilage; although a number of judges dissented. This …
U.S. v. Soliz, No. 96-50685 (9th Cir.) (129 F.3d 499) (November 12, 1997) (Judge A. Wallace Tashima)
Article • December 1, 1997 • from P&J December, 1997
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Soliz, No. 96-50685 (9th Cir.) (129 F.3d 499) (November 12, 1997) (Judge A. Wallace Tashima) by Case reviewed the Supreme Court's four factor test to determine what constitutes the curtilage of a home, as set forth in U.S. v. Dunn, 480 U.S. 294 (1987).
U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood)
Article • August 1, 1997 • from P&J August, 1997
Filed under: Punch And Jurists, Searches - Home/Curtilage
U.S. v. Redmon, No. 96-3361 (7th Cir.) (117 F.3d 1036) (June 27, 1997) (Judge Harlington Jr. Wood) by Case held that defendant did not have objectively reasonable expectation of privacy in garbage cans located close to house.