Search | Punch and Jurists

Brendlin v. California, No. 06-8120 (U.S. Supreme Court) (551 U.S. 249; 127 S.Ct. 2400) (June 18, 2007) (Justice Souter)

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

Filed under: Punch And Jurists, Passenger's Rights

Brendlin v. California, No. 06-8120 (U.S. Supreme Court) (551 U.S. 249; 127 S.Ct. 2400) (June 18, 2007) (Justice Souter) by The issue before the Court in this case was whether a passenger in a vehicle that is subject to a traffic stop is thereby “seized” for purposes of the Fourth …

U.S. v. Smith, No. 04-2101 (1st Cir.) (423 F.Supp.2d 25) (September 9, 2005) (Judge James C. Hill)

Article • October 1, 2005 • from P&J October, 2005

Filed under: Punch And Jurists, Seizure

U.S. v. Smith, No. 04-2101 (1st Cir.) (423 F.Supp.2d 25) (September 9, 2005) (Judge James C. Hill) by Defendant was arrested and charged with one count of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.S. § 922(g)(1). Defendant moved to suppress the gun, …

Muehler v. Mena, No. 03-1423 (U.S. Supreme Court) (544 U.S. 93; 125 S.Ct. 1465) (March 22, 2005) (Justice Rehnquist)

Article • February 1, 2005 • from P&J March, 2005

Filed under: Punch And Jurists, Seizure

Muehler v. Mena, No. 03-1423 (U.S. Supreme Court) (544 U.S. 93; 125 S.Ct. 1465) (March 22, 2005) (Justice Rehnquist) by Perhaps the most disturbing aspect of this search and seizure case was that the Federal government felt it necessary to intervene by filing an amicus brief, claiming that the United …

U.S. v. Mendenhall, No. 78-1821 (U.S. Supreme Court) (446 U.S. 544; 100 S.Ct. 1870) (May 27, 1980) (Justice Stewart)

Article • November 13, 2004

Filed under: Punch And Jurists, Freedom of Movement

U.S. v. Mendenhall, No. 78-1821 (U.S. Supreme Court) (446 U.S. 544; 100 S.Ct. 1870) (May 27, 1980) (Justice Stewart) by In this case the Court enunciated the standard for determining when a "seizure" occurs after someone is approached by police at a public place - namely whether his freedom of …

Soldal v. Cook County, No. 91-6516 (U.S. Supreme Court) (506 U.S. 56; 113 S.Ct. 538) (December 8, 1992) (Justice White)

Article • November 1, 2002

Filed under: Punch And Jurists, Seizure

Soldal v. Cook County, No. 91-6516 (U.S. Supreme Court) (506 U.S. 56; 113 S.Ct. 538) (December 8, 1992) (Justice White) by In this case mobile home park owners had begun civil proceedings to evict petitioner's trailer from the mobile home park, but forcibly evicted the trailer before obtaining a court …

U.S. v. Dionisio, No. 71-229 (U.S. Supreme Court) (410 U.S. 1; 93 S.Ct. 764) (January 22, 1973) (Justice Stewart)

Article • July 14, 2002

Filed under: Punch And Jurists, Seizure

U.S. v. Dionisio, No. 71-229 (U.S. Supreme Court) (410 U.S. 1; 93 S.Ct. 764) (January 22, 1973) (Justice Stewart) by Here the Court held that a grand jury subpoena is not a "seizure" within the meaning of the Fourth Amendment and that a grand jury directive compelling production of "physical …

Immigration and Naturalization Service v. Delgado, No. 82-1271 (U.S. Supreme Court) (466 U.S. 210; 104 S.Ct. 1758) (April 17, 1984) (Justice Rehnquist)

Article • June 19, 2002

Filed under: Punch And Jurists, Seizure

Immigration and Naturalization Service v. Delgado, No. 82-1271 (U.S. Supreme Court) (466 U.S. 210; 104 S.Ct. 1758) (April 17, 1984) (Justice Rehnquist) by As part of its ongoing efforts to enforce the immigration laws, the Immigration and Naturalization Service (INS) conducted "surveys" of those workplaces that it had reason to …

U.S. v. Weaver, No. 00-4754 (4th Cir.) (282 F.3d 302) (February 28, 2002) (Judge Frank J. Magill)

Article • April 1, 2002 • from P&J April, 2002

Filed under: Punch And Jurists, Seizure

U.S. v. Weaver, No. 00-4754 (4th Cir.) (282 F.3d 302) (February 28, 2002) (Judge Frank J. Magill) by In this case, a police officer approached and questioned a bank robbery suspect who was waiting for a bus in suburban Virginia. The man, Otis L. Weaver Jr., gave the officer his …

California v. Hodari D., No. 89-1632 (U.S. Supreme Court) (499 U.S. 621; 111 S.Ct. 1547) (April 23, 1991) (Justice Scalia)

Article • January 24, 2000

Filed under: Punch And Jurists, Seizure

California v. Hodari D., No. 89-1632 (U.S. Supreme Court) (499 U.S. 621; 111 S.Ct. 1547) (April 23, 1991) (Justice Scalia) by Here the Court held that for a fleeing suspect to be "seized" within the meaning of the Fourth Amendment, the arresting officer must apply physical force or display a …

Brower v. County of Inyo, No. 87-248 (U.S. Supreme Court) (489 U.S. 593; 109 S.Ct. 1378) (March 21, 1989) (Justice Scalia)

Article • January 24, 2000

Filed under: Punch And Jurists, Seizure

Brower v. County of Inyo, No. 87-248 (U.S. Supreme Court) (489 U.S. 593; 109 S.Ct. 1378) (March 21, 1989) (Justice Scalia) by In this case, the police were chasing a suspect that was driving a stolen car. During the 20 mile chase, police placed an 18-wheel-tractor-trailer across both lanes of …

U.S. v. Washington, No. 97-2146 (11th Cir.) (151 F.3d 1354) (August 28, 1998) (Judge Paul H. Roney)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Seizure

U.S. v. Washington, No. 97-2146 (11th Cir.) (151 F.3d 1354) (August 28, 1998) (Judge Paul H. Roney) by Case held that the circumstances of a bus search, conducted in cramped quarters, was consciously designed to take full advantage of a coercive environment, and violated the 4th Amendment's prohibitions against unreasonable …