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Article • October 1, 2007 • from P&J October, 2007
U.S. v. Acosta, No. 05-1284-cr(L) (2nd Cir.) (502 F.3d 54) (September 5, 2007) (Judge Richard C. Wesley) by For a summary of the holding in this case, see "Breach of Announce Rule Not Linked to Suppression - Circuit Finds Forced Entry No Basis for Exclusion," by Mark Hamblett, New York …
Article • June 17, 2006
Wilson v. Arkansas, No. 94-5707 (U.S. Supreme Court) (514 U.S. 927; 115 S.Ct. 1914) (May 22, 1995) (Justice Thomas) by In this case the Court held that the Fourth Amendment's proscription of unreasonable searches and seizures incorporates the requirement that law enforcement officers entering a dwelling with a search warrant …
Article • December 1, 2005 • from P&J December, 2005
U.S. v. Combs, No. 03-30456 (9th Cir.) (2005 U.S. App. LEXIS 11421) (June 16, 2005) (Judge Kim McLane Wardlaw) by Following a bench trial, the United States District Court for the District of Alaska convicted defendant of maintaining a place for the manufacture of controlled substances, attempting to manufacture methamphetamine, …
Article • December 1, 2004 • from P&J December, 2004
U.S. v. Combs, No. 03-30456 (9th Cir.) (394 F.3d 739) (January 11, 2005) (Judge Kim McLane Wardlaw) by After conducting a bench trial, the United States District Court for the District of Alaska convicted defendant of maintaining a place for the manufacture of controlled substances, attempting to manufacture methamphetamine, being …
Article • November 1, 2003 • from P&J November, 2003
U.S. v. Banks, No. 02-473 (U.S. Supreme Court) (540 U.S. 31; 124 S.Ct. 521) (December 2, 2003) (Justice Souter) by Here the Court held that police officers executing a search warrant do not violate a suspect’s constitutional rights by waiting only 15 to 20 seconds after knocking and announcing their …
Article • July 6, 2003
Richards v. Wisconsin, No. 96-5955 (U.S. Supreme Court) (520 U.S. 385; 117 S.Ct. 1416) (April 28, 1997) (Justice Stevens) by In this case the Supreme Court built upon its earlier ruling in Wilson v. Arkansas, 514 U.S. 927 (1995) and articulated some of the circumstances under which an unannounced entry …
Article • April 1, 2002 • from P&J April, 2002
U.S. v. Banks, No. 00-10439 (9th Cir.) (282 F.3d 699) (March 5, 2002) (Judge Henry A. Politz) by On July 15th, 1998, Las Vegas police officers executed a warrant to search the apartment of suspected drug dealer Lashawn Banks. The officers followed knock and announce procedure, and after waiting 15 …
Article • January 11, 2002
U.S. v. Ramirez, No. 96-1469 (U.S. Supreme Court) (523 U.S. 65; 118 S.Ct. 992) (March 4, 1998) (Justice Rehnquist) by ATF agents obtained a no-knock warrant for Ramirez's residence, to look for a fugitive. The fugitive was not found, but a firearm was found in the possession of Ramirez, who …
Article • June 1, 2001 • from P&J June, 2001
U.S. v. Brown, No. 99-2120 (1st Cir.) (251 F.3d 286) (June 5, 2001) (Judge Norman H. Stahl) by United States v. Espinoza, No. 00-3090 (7th Cir. 7/11/2001) (Judge Coffey) United States v. Brown, 251 F.3d 286 (1st Cir. 2001) (Judge Stahl) In Richards v. Wisconsin, 520 U.S. 385 (1997), a …
Article • June 1, 2001 • from P&J June, 2001
U.S. v. Espinoza, No. 00-3090 (7th Cir.) (256 F.3d 718) (July 11, 2001) (Judge John L. Coffey) by United States v. Espinoza, 256 F.3d 718 (7th Cir. 2001) (Judge Coffey) United States v. Brown, 251 F.3d 286 (1st Cir. 2001) (Judge Stahl) In Richards v. Wisconsin, 520 U.S. 385 (1997), …
Article • November 1, 2000 • from P&J November, 2000
U.S. v. Cantu, No. 99-41151 (5th Cir.) (230 F.3d 148) (October 6, 2000) (Judge Robert M. Parker) by
Article • September 1, 2000 • from P&J September, 2000
U.S. v. Espinoza, No. 00-CR-0073 (E.D.Wisc.) (105 F.Supp.2d 1015) (July 13, 2000) (Judge Lynn S. Adelman) by
Article • July 3, 2000
Sabbath v. U.S., No. 898 (U.S. Supreme Court) (391 U.S. 585; 88 S.Ct. 1755) (June 3, 2068) (Justice Marshall) by In this case the Court firmly rejected the Government's contention that it had not violated the knock-and-announce statute because it had used no force in obtaining entry into the petitioner's …
Article • February 1, 2000 • from P&J February, 2000
U.S. v. Dice, No. 98-3092 (6th Cir.) (200 F.3d 978) (January 6, 2000) (Judge Nathaniel R. Jones) by Here the Sixth Circuit affirmed that a knock-and-announce search which in executed in a manner that does not give the occupants a reasonable opportunity to answer is invalid and warrants the suppression …