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Article • March 21, 2005
Minnesota v. Dickerson, No. 91-2019 (U.S. Supreme Court) (508 U.S. 366; 113 S.Ct. 2130) (June 7, 1993) (Justice White) by In this case the Court held that, during a pat down search of defendant for weapons, officer's "squeezing, sliding and otherwise manipulating" the contents of defendant's pocket was unconstitutional. However, …
Article • July 1, 2004 • from P&J July, 2004
U.S. v. Big Apple Bag Co., Inc., No. 03-CR-781 (NGG) (E.D.N.Y.) (317 F.Supp.2d 181) (May 7, 2004) (Judge Nicholas G. Garaufis) by Granting in part Government's motion for reconsideration based on the "plain view" exception to the Fourth Amendment. As a result of its finding that a special agent made …
Article • December 29, 2002
Horton v. California, No. 88-7164 (U.S. Supreme Court) (496 U.S. 128; 110 S.Ct. 2301) (June 4, 1990) (Justice Stevens) by The petitioner in this case was convicted of the armed robbery of the treasurer of a coin club following denial of his motion to suppress weapons seized by police from …
Article • December 29, 2002
Coolidge v. New Hampshire, No. 323 (U.S. Supreme Court) (403 U.S. 443; 91 S.Ct. 2022) (June 21, 1971) (Justice Stewart) by The petitioner in this case, Edward Coolidge, appealed the judgment of the lower court affirming the admittance of certain evidence against him at trial, causing him to be sentenced …
Article • December 27, 2002
Arizona v. Hicks, No. 85-1027 (U.S. Supreme Court) (480 U.S. 321; 107 S.Ct. 1149) (March 3, 1987) (Justice Scalia) by The facts of this case were as follows: After a bullet was fired through the floor of the defendant's apartment into the apartment below, police officers entered defendant's apartment (without …
Article • June 22, 2000
Texas v. Brown, No. 81-419 (U.S. Supreme Court) (460 U.S. 730; 103 S.Ct. 1535) (April 19, 1983) (Justice Rehnquist) by Here the Court reversed a Texas Court's decision that the warrantless search of certain evidence could not be justified under the plain view doctrine because the incriminating evidence was not …
Article • May 1, 1999 • from P&J May, 1999
U.S. v. Kiyuyung, No. 98-1273 (2nd Cir.) (171 F.3d 78) (March 10, 1999) (Judge Amalya Lyle Kearse) by The defendant appealed the district court's denial of his suppression motion arguing that the guns found in his apartment were not in plain view. The Second Circuit agreed. Of interest is that …
Article • May 1, 1999 • from P&J May, 1999
U.S. v. Carey, No. 98-3077 (10th Cir.) (172 F.3d 1268) (April 14, 1999) (Judge John C. Porfilio) by QUOTE OF THE WEEK - The temptation of seizing computers as a means of discovering crimes. "Since electronic storage is likely to contain a greater quantity and variety of information than any …
Article • March 1, 1998 • from P&J March, 1998
U.S. v. Padilla, No. 97 CR 72 (SAS) (S.D.N.Y.) (986 F.Supp. 163) (August 15, 1997) (Judge Shira A. Scheindlin) by In this case, Judge Scheindlin granted in part defense motions to suppress some of the evidence that was seized during a searh on the grounds that such evidence was not …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Garces, No. 97-3073 (D.C. Cir.) (133 F.3d 70) (January 20, 1998) (Judge Stephen F. Williams) by Case discussed the meaning of the "immediately apparent" requirement of plain view searches which was raised by the Supreme Court in Coolidge v. New Hampshire, 403 U.S. 443 (1971). This case is …