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Mills v. District of Columbia, No. 08-7127 (D.C. Cir.) (571 F.3d 1304) (July 10, 2009) (Judge David B. Sentelle)
Article • June 1, 2009 • from P&J June, 2009
Filed under: Punch And Jurists, Lack of Individualized Suspicion
Mills v. District of Columbia, No. 08-7127 (D.C. Cir.) (571 F.3d 1304) (July 10, 2009) (Judge David B. Sentelle) by Here the Court held that the police department’s establishment of suspicionless checkpoints that blocked entry into a crime-ridden neighborhood constituted an unconstitutional seizure under the Fourth Amendment since there was …
Illinois v. Lidster, No. 02-1060 (U.S. Supreme Court) (540 U.S. 419; 124 S.Ct. 885) (January 13, 2004) (Justice Breyer)
Article • December 1, 2003 • from P&J December, 2003
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Illinois v. Lidster, No. 02-1060 (U.S. Supreme Court) (540 U.S. 419; 124 S.Ct. 885) (January 13, 2004) (Justice Breyer) by Here a divided Court upheld as constitutionally reasonable the use of random roadblocks set up by the police as an investigational tool for the purpose of seeking information about a …
U.S. v. Drayton, No. 01-631 (U.S. Supreme Court) (536 U.S. 194; 122 S.Ct. 2105) (June 17, 2002) (Justice Kennedy)
Article • November 17, 2003 • from P&J May, 2002
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Drayton, No. 01-631 (U.S. Supreme Court) (536 U.S. 194; 122 S.Ct. 2105) (June 17, 2002) (Justice Kennedy) by In this case the Supreme Court addressed the validity of warrantless, random searches of bus passengers who were asked to consent to a search of their property and persons without …
U.S. v. Davis, No. 00-3050 (D.C. Cir.) (270 F.3d 977) (November 5, 2001) (Judge A. Raymond Randolph)
Article • December 1, 2001 • from P&J December, 2001
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Davis, No. 00-3050 (D.C. Cir.) (270 F.3d 977) (November 5, 2001) (Judge A. Raymond Randolph) by The police stopped Mark Davis at a roadblock in 1999, arrested him for traffic offenses, searched him and his automobile, and recovered evidence of his drug dealing, for which the grand jury …
U.S. v. Drayton, No. 99-13814 (11th Cir.) (231 F.3d 787) (October 24, 2000) (Judge Edward E. Carnes)
Article • December 1, 2000 • from P&J December, 2000
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Drayton, No. 99-13814 (11th Cir.) (231 F.3d 787) (October 24, 2000) (Judge Edward E. Carnes) by This is another in a series of cases involving warrantless searches of bus passengers - and the sole issue address by the court was whether the consent given by each defendant for …
U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King)
Article • June 1, 2000 • from P&J June, 2000
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Hernandez-Zuniga, No. 99-40620 (5th Cir.) (215 F.3d 483) (June 14, 2000) (Judge Carolyn Dineen King) by Quote from the D.C. District Court on some of the evils of random, indiscriminate questioning of citizens that are a product of America's War on Drugs. QUOTE OF THE WEEK - Some …
U.S. v. Brugal, No. 98-4255 (4th Cir.) (209 F.3d 353) (April 4, 2000) (Judge Clyde H. Hamilton)
Article • April 1, 2000 • from P&J April, 2000
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Brugal, No. 98-4255 (4th Cir.) (209 F.3d 353) (April 4, 2000) (Judge Clyde H. Hamilton) by Here a divided en banc court affirmed a conviction after a driver had turned off the road to avoid a fictitious drug checkpoint holding that under the totatlity of circumstances the driver's …
Michigan Dept. of State Police v. Sitz, No. 88-1897 (U.S. Supreme Court) (496 U.S. 444; 110 S.Ct. 2481) (June 14, 1990) (Justice Rehnquist)
Article • October 26, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Michigan Dept. of State Police v. Sitz, No. 88-1897 (U.S. Supreme Court) (496 U.S. 444; 110 S.Ct. 2481) (June 14, 1990) (Justice Rehnquist) by Generally, the Court held that whether particular checkpoint seizures are reasonable is determined by balancing the gravity of the public interest sought to be advanced and …
Edmond v. Goldsmith, No. 98-4124 (7th Cir.) (183 F.3d 659) (July 7, 1999) (Judge Richard A. Posner)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Edmond v. Goldsmith, No. 98-4124 (7th Cir.) (183 F.3d 659) (July 7, 1999) (Judge Richard A. Posner) by Since August of 1998, the Indianapolis Police Department engaged in the practice of setting up roadblocks at random checkpoints "to interrupt the flow of illegal drugs throughout the city." In the words …
U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell)
Article • July 1, 1999 • from P&J July, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Montero-Camargo, No. 97-50643 (9th Cir.) (177 F.3d 1113) (May 13, 1999) (Judge Frank C. Jr. Damrell) by One of the many issues addressed in this appeal was whether the Border Patrol had sufficient grounds to conclude that it had reasonable suspicion to justify the stopping, the subsequent search, …
U.S. v. Ortiz, No. 73-2050 (U.S. Supreme Court) (422 U.S. 891; 95 S.Ct. 2585) (June 30, 1975) (Justice Powell)
Article • March 22, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Ortiz, No. 73-2050 (U.S. Supreme Court) (422 U.S. 891; 95 S.Ct. 2585) (June 30, 1975) (Justice Powell) by Here the Court observed that "at traffic checkpoints removed from the border and its functional equivalents, officers may not search private vehicles without consent or probable cause.".
Norwood v. Bain, No. 96-2164 (4th Cir.) (166 F.3d 243) (January 8, 1999) (Per Curiam)
Article • March 1, 1999 • from P&J March, 1999
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Norwood v. Bain, No. 96-2164 (4th Cir.) (166 F.3d 243) (January 8, 1999) (Per Curiam) by Here the en banc Court affirmed an earlier decision reported at 143 F.3d 843, finding police liability under 42 U.S.C. §1983 for unwarranted, unreasonable weapons searches of participants in a motorcycle rally. The Fourth …
Edmond v. Goldsmith, No. IP 98 1400-C B/S (S.D.Ind.) (38 F.Supp.2d 1016) (November 18, 1998) (Judge Sarah Evans Barker)
Article • December 1, 1998 • from P&J December, 1998
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Edmond v. Goldsmith, No. IP 98 1400-C B/S (S.D.Ind.) (38 F.Supp.2d 1016) (November 18, 1998) (Judge Sarah Evans Barker) by Citing Michigan Dept. of Police v. Sitz, 496 U.S. 444 (1990), the Court noted that courts are required to balance the promotion of legitimate governmental interests against the intrusion, both …
U.S. v. Huguenin, No. 97-5152 (6th Cir.) (154 F.3d 547) (October 19, 1997) (Judge Leroy J. Jr. Contie)
Article • October 1, 1998 • from P&J October, 1998
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Huguenin, No. 97-5152 (6th Cir.) (154 F.3d 547) (October 19, 1997) (Judge Leroy J. Jr. Contie) by Except for the outcome, this case and the Hurston case referred to below might well have been titillating chapters in law enforcement's annual best seller: "Fifty ways to get your man …
Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips)
Article • July 1, 1998 • from P&J July, 1998
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Norwood v. Bain, No. 96-2164 (4th Cir.) (143 F.3d 843) (May 13, 1998) (Judge James Dickson Jr. Phillips) by Here the Court held that the warrantless searches of a group of motorcycle riders at a police checkpoint violated the Fourth Amendment, but that the plaintiffs were not entitled to compensatory …
Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter) by Maxwell v. City of New York, 102 F.3d 664 (2nd Cir. 1996) (Judge Winter) Marks v. Clarke, 102 F.3d 1012 (9th Cir. 1996) (Judge Reinhardt) Reading …
Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter)
Article • January 1, 1997 • from P&J January, 1997
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Maxwell v. City of New York, No. 95-7464. No. 676 (2nd Cir.) (102 F.3d 664) (December 17, 1996) (Judge Ralph K. Jr. Winter) by
U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart)
Article • August 1, 1996 • from P&J August, 1996
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
U.S. v. Ramirez-Gonzalez, No. 94-60587 (5th Cir.) (87 F.3d 712) (June 28, 1996) (Judge Carl E. Stewart) by United States v. Lattimore, 87 F.3d 647 (4th Cir. 1996) (Judge Wilkins) (En banc) United States v. Ramirez-Gonzalez, 87 F.3d 712 (5th Cir. 1996) (Judge Stewart) These two Fourth Amendment search cases …
Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam)
Article • April 1, 1996 • from P&J April, 1996
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Merrett v. Moore, No. 93-2510 (11th Cir.) (77 F.3d 1304) (February 26, 1996) (Per Curiam) by Over the strong dissent of three judges, the Eleventh Circuit refused to rehear its previous decision upholding the validity of temporary, unannounced roadblocks established on the pretext of ensuring compliance with traffic related laws. …
Merrett v. Moore, No. 93-2510 (11th Cir.) (58 F.3d 1547) (July 25, 1995) (Judge James Larry Edmondson)
Article • August 1, 1995
Filed under: Punch And Jurists, Searches - Vehicle checkpoints
Merrett v. Moore, No. 93-2510 (11th Cir.) (58 F.3d 1547) (July 25, 1995) (Judge James Larry Edmondson) by This appears to be the only Circuit court decision holding that mixed-motive checkpoints are lawful so long as at least one of the underlying purposes of the search - no matter how …