Search | Punch and Jurists

U.S. v. Curtis, No. 09-20491 (5th Cir.) (635 F.3d 704) (March 11, 2011) (Judge Patrick E. Higginbotham)

Article • July 25, 2011 • from P&J July, 2011

Filed under: Punch And Jurists, Text Messages

U.S. v. Curtis, No. 09-20491 (5th Cir.) (635 F.3d 704) (March 11, 2011) (Judge Patrick E. Higginbotham) by Among the many issues raised in this appeal, the defendant challenged the constitutionality of a search of the text messages on his cell phone that took place incident to his arrest. The …

New York v. Belton, No. 80-328 (U.S. Supreme Court) (453 U.S. 454; 101 S.Ct. 2860) (July 1, 1981) (Justice Stewart)

Article • April 30, 2009

Filed under: Punch And Jurists, Automobile Searches/Seizures

New York v. Belton, No. 80-328 (U.S. Supreme Court) (453 U.S. 454; 101 S.Ct. 2860) (July 1, 1981) (Justice Stewart) by In this case, a state trooper stopped a speeding car for a traffic citation. Upon approaching the car, the officer noticed four male occupants and also smelled the odor …

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (483 F.3d 836) (April 17, 2007) (Judge Douglas Ginsburg)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (483 F.3d 836) (April 17, 2007) (Judge Douglas Ginsburg) by In U.S. v. Powell, 451 F.3d 682 (D.C. Cir. June 23, 2006) (“Powell I”), a divided panel held that a warrantless “search incident to arrest” can only take place after an arrest. After …

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (451 F.3d 862) (June 23, 2006) (Judge Judith W. Rogers)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Powell, No. 05-3047 (D.C. Cir.) (451 F.3d 862) (June 23, 2006) (Judge Judith W. Rogers) by In this important Fourth Amendment decision, a divided panel of the D.C. Circuit puts limits on the ever-widening scope of the warrant exception for searches incident to arrest. Here, officers saw defendant …

U.S. v. Di Re, No. 61 (U.S. Supreme Court) (332 U.S. 581; 68 S.Ct. 222) (January 5, 2048) (Justice Jackson)

Article • September 3, 2005

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Di Re, No. 61 (U.S. Supreme Court) (332 U.S. 581; 68 S.Ct. 222) (January 5, 2048) (Justice Jackson) by In this case the Court held that probable cause was lacking to arrest a passenger of a car who was present during a sale of illegal gasoline ration coupons. …

U.S. v. Robinson, No. 72-936 (U.S. Supreme Court) (414 U.S. 218; 94 S.Ct. 467) (December 11, 1973) (Justice Rehnquist)

Article • August 12, 2005

Filed under: Punch And Jurists, Search of Containers

U.S. v. Robinson, No. 72-936 (U.S. Supreme Court) (414 U.S. 218; 94 S.Ct. 467) (December 11, 1973) (Justice Rehnquist) by Case held that a search incident to a valid arrest is not limited to the suspects' outter clothing and removal of weapons that the officer believes the suspect has in …

Warden v. Hayden, No. 480 (U.S. Supreme Court) (387 U.S. 294; 87 S.Ct. 1642) (May 29, 2067) (Justice Brennan)

Article • November 19, 2004

Filed under: Punch And Jurists, Searches - Incident to Arrest

Warden v. Hayden, No. 480 (U.S. Supreme Court) (387 U.S. 294; 87 S.Ct. 1642) (May 29, 2067) (Justice Brennan) by In this case the Supreme Court rejected its prior precedent and held that nothing in the 4th Amendment any longer supports the distinction between items of evidential value only and …

Thornton v. U.S., No. 03-5165 (U.S. Supreme Court) (541 U.S. 615; 124 S.Ct. 2127) (May 24, 2004) (Justice Rehnquist)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

Thornton v. U.S., No. 03-5165 (U.S. Supreme Court) (541 U.S. 615; 124 S.Ct. 2127) (May 24, 2004) (Justice Rehnquist) by Here the Court held that the police may conduct a warrantless search of a parked car if they have made a lawful arrest of its driver nearby, even when the …

U.S. v. Thornton, No. 02-4382 (4th Cir.) (325 F.3d 189) (April 3, 2003) (Judge Diana Gribbon Motz)

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

Filed under: Punch And Jurists, Searches - Incident to Arrest

U.S. v. Thornton, No. 02-4382 (4th Cir.) (325 F.3d 189) (April 3, 2003) (Judge Diana Gribbon Motz) by The issue before the Court in this case was whether police officers can legally search an arrestee’s automobile as part of a valid search incident to arrest when the arrestee was not …

Preston v. U.S., No. 163 (U.S. Supreme Court) (376 U.S. 364; 84 S.Ct. 881) (March 23, 2064) (Justice Black)

Article • January 27, 2003

Filed under: Punch And Jurists, Searches - Incident to Arrest

Preston v. U.S., No. 163 (U.S. Supreme Court) (376 U.S. 364; 84 S.Ct. 881) (March 23, 2064) (Justice Black) by The petitioner in this case was convicted of conspiracy to rob a federally insured bank in violation of 18 U.S.C.S. § 2113. The conviction was based largely on evidence obtained …

Steagold v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall)

Article • December 12, 2002

Filed under: Punch And Jurists, Searches - Incident to Arrest

Steagold v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall) by In this case, police officers entered Steagald's residence without a search warrant, consent, or exigent circumstances to serve an arrest warrant on Ricky Lyons. Lyons was not in Steagald's residence. …

Knowles v. Iowa, No. 97-7597 (U.S. Supreme Court) (525 U.S. 113; 119 S.Ct. 484) (December 8, 1998) (Justice Rehnquist)

Article • November 29, 1999 • from P&J November, 1998

Filed under: Punch And Jurists, Searches - Incident to Arrest

Knowles v. Iowa, No. 97-7597 (U.S. Supreme Court) (525 U.S. 113; 119 S.Ct. 484) (December 8, 1998) (Justice Rehnquist) by Here the Court held that a warrantless search of a vehicle whose driver has been cited for but not arrested for a traffic offense may not be sustained on the …