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Article • September 5, 2016 • from P&J August, 2016
U.S. v. Smith, No. 15-1742 (8th Cir.) (820 F.3d 356) (April 14, 2016) (Judge Bobby E. Shepherd) by After reserving the right to challenge the warrantless search of his residence, Cody Smith pled guilty to one count of possession of a firearm by a prohibited person in violation of 18 …
Article • December 13, 2010
Cady v. Dombrowski, No. 72-586 (U.S. Supreme Court) (413 U.S. 433; 93 S.Ct. 2523) (June 21, 1973) (Justice Rehnquist) by In this case, a Chicago police officer named Dombrowski was visiting in Wisconsin and reported to the local police that he had been in an automobile accident. The police picked …
Article • February 28, 2010
Colorado v. Bertine, No. 85-889 (U.S. Supreme Court) (479 U.S. 367; 107 S.Ct. 738) (January 14, 1987) (Justice Rehnquist) by The defendant in this case was arrested and his van was inventoried and impounded by police. The van was inventoried pursuant to standardized police procedures, which required a detailed inspection …
Article • June 15, 2005
South Dakota v. Opperman, No. 75-76 (U.S. Supreme Court) (428 U.S. 364; 96 S.Ct. 3092) (July 6, 1976) (Justice Burger) by In a case where the Court amplified on its "community care exception" to the warrant requirement, it also delved into inventory searches and defined three permissible purposes of such …
Article • May 1, 2005 • from P&J May, 2005
U.S. v. McGough, No. 04-12077 (11th Cir.) (412 F.3d 1232) (June 15, 2005) (Judge Emmett Ripley Cox) by U.S. v. Johnson, 410 F.3d 137 (4th Cir. 06/08/05) (Judge Motz) U.S. v. McGough, 412 F.3d 1232 (11th Cir. 06/15/05) (Judge Cox) Both of these cases address the so-called “community-caretaking exception” - …
Article • May 1, 2005 • from P&J May, 2005
U.S. v. Johnson, No. 04-4376 (4th Cir.) (410 F.3d 137) (June 8, 2005) (Judge Diana Gribbon Motz) by U.S. v. Johnson, 410 F.3d 137 (4th Cir. 06/08/05) (Judge Motz) U.S. v. McGough, 412 F.3d 1232 (11th Cir. 06/15/05) (Judge Cox) Both of these cases address the so-called “community-caretaking exception” - …
Article • August 14, 2003
Harris v. U.S., No. 92 (U.S. Supreme Court) (390 U.S. 234; 88 S.Ct. 992) (March 5, 2068) (Per Curiam) by In this case a police officer conducted an inventory search of an impounded vehicle (pursuant to regulations of the Metropolitan Police Department). After completing his search, the officer opened the …
Article • January 1, 1999 • from P&J January, 1999
U.S. v. Barth, No. MO-98-CR-33 (W.D.Tex.) (26 F.Supp.2d 929) (September 21, 1998) (Judge Royal Ferguson) by This case is noted as a precursor to the coming wave of computer searches that is apparently already underway. The message is clear: Beware of ever giving anyone access to your computer! The defendant, …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Santos, No. 96-Cr. 168(SAS) (S.D.N.Y.) (961 F.Supp. 71) (May 15, 1997) (Judge Shira A. Scheindlin) by Towards the end of her decision in which she threw out the results of an FBI inventory search, Judge Scheindlin quoted from a recent article in the Journal of Criminal Justice in …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Palacios, No. S3 96 Cr. 372 (MGC) (S.D.N.Y.) (957 F.Supp. 50) (March 7, 1997) (Judge Miriam Goldman Cedarbaum) by United States v. Ogunbiyi, 957 F.Supp. 89 (N.D.W.Va. 1997) (Judge Maxwell) United States v. Skinner, 957 F.Supp 228 (M.D.Ga. 1997) (Judge Fitzpatrick) What is unusual about this trio of …
Article • May 1, 1997 • from P&J May, 1997
U.S. v. Skinner, No. 5:96-CR-46 (DF) (M.D.Ga.) (957 F.Supp. 228) (March 4, 1997) (Judge Duross Firzpatrick) by United States v. Palacios, 957 F.Supp. 50 (S.D.N.Y. 1997) (Judge Cedarbaum) United States v. Ogunbiyi, 957 F.Supp. 89 (N.D.W.Va. 1997) (Judge Maxwell) What is unusual about this trio of cases is that in …
Article • April 1, 1997 • from P&J April, 1997
U.S. v. Haro-Salcedo, No. 96-4053 (10th Cir.) (107 F.3d 769) (February 19, 1997) (Judge John C. Porfilio) by Case held that inventory search exception to warrant requirement must not be a ruse for general rummaging to discover incriminating evidence, but rather an administrative procedure designed to produce an inventory. Here, …