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Taylor-Failor v. County of Hawaii, No. Civ. No. 15-00070 DWK-KSC (D.Hawai'I) (90 F.Supp.3d 1095) (March 13, 2015) (Judge Derrick K. Watson)

Article • December 14, 2015 • from P&J January, 2016

Filed under: Punch And Jurists, Urinalsis Testing

Taylor-Failor v. County of Hawaii, No. Civ. No. 15-00070 DWK-KSC (D.Hawai'I) (90 F.Supp.3d 1095) (March 13, 2015) (Judge Derrick K. Watson) by This is not a criminal case, but it is an interesting case about whether and under what circumstances a municipality can require urinalysis testing as a condition of …

U.S. v. Hill, No. 13-4806 (4th Cir.) (776 F.3d 243) (January 13, 2015) (Judge Albert Diaz)

Article • November 2, 2015 • from P&J May, 2015

Filed under: Punch And Jurists, Supervised Release

U.S. v. Hill, No. 13-4806 (4th Cir.) (776 F.3d 243) (January 13, 2015) (Judge Albert Diaz) by In this consolidated case, the Court reviewed the scope of Fourth Amendment protections as applied to individuals serving a term of Federal supervised release. The case was triggered when a confidential informant provided …

U.S. v. Amerson, No. 05-1423-cr (2nd Cir.) (483 F.3d 73) (April 4, 2007) (Judge Guido Calabresi)

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

Filed under: Punch And Jurists, 2004 DNA Act

U.S. v. Amerson, No. 05-1423-cr (2nd Cir.) (483 F.3d 73) (April 4, 2007) (Judge Guido Calabresi) by Almost more certain than death and taxes is the inevitably of Congress taking a popular statute and milking it, time and time again, to create an ever expanding mantle of Governmental regulation over …

MacWade v. Kelly, No. 05-6754-cv (2nd Cir.) (460 F.3d 260) (August 11, 2006) (Judge Chester J. Straub)

Article • July 1, 2006 • from P&J July, 2006

Filed under: Punch And Jurists, Special Needs Exception

MacWade v. Kelly, No. 05-6754-cv (2nd Cir.) (460 F.3d 260) (August 11, 2006) (Judge Chester J. Straub) by In this decision, the Second Circuit rejected a challenge by the New York Civil Liberties Union to the constitutionality of a program, instituted by the New York City Transit system, which allowed …

New Jersey v. T.L.O., No. 83-712 (U.S. Supreme Court) (469 U.S. 325; 105 S.Ct. 733) (January 15, 1985) (Justice White)

Article • December 4, 2005

Filed under: Punch And Jurists, Special Needs Exception

New Jersey v. T.L.O., No. 83-712 (U.S. Supreme Court) (469 U.S. 325; 105 S.Ct. 733) (January 15, 1985) (Justice White) by This case is noted as the first instance in which the Supreme Court enunciated the "special needs" exemption to the usual warrant and probable-cause requirements of the Fourth Amendment …

Nicholas v. Goord, No. 04-3887-pr (2nd Cir.) (430 F.3d 652) (November 28, 2005) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Special Needs Exception

Nicholas v. Goord, No. 04-3887-pr (2nd Cir.) (430 F.3d 652) (November 28, 2005) (Judge John M. Jr. Walker) by In this lengthy decision, the Second Circuit affirmed a ruling by Judge Duffy of the S.D.N.Y. that a New York statute that authorizes the collection of DNA samples from certain classes …

MacWade v. Kelly, No. 05 Civ. 6921 (RMB) (FM) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 31281) (December 2, 2005) (Judge Richard M. Berman)

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

Filed under: Punch And Jurists, Special Needs Exception

MacWade v. Kelly, No. 05 Civ. 6921 (RMB) (FM) (S.D.N.Y.) (2005 U.S. Dist. LEXIS 31281) (December 2, 2005) (Judge Richard M. Berman) by Citing the “real and substantial” risk of a terrorist bombing of New York City’s subway system, Judge Berman rejected a constitutional challenge to New York’s policy of …

U.S. v. Hall, No. 04-50193 (9th Cir.) (419 F.3d 980) (August 15, 2005) (Judge Kim McLane Wardlaw)

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

Filed under: Punch And Jurists, Supervised Release

U.S. v. Hall, No. 04-50193 (9th Cir.) (419 F.3d 980) (August 15, 2005) (Judge Kim McLane Wardlaw) by The Sixth Amendment right to confront testimonial witnesses, established in Crawford v. Washington, 541 U.S. 36 (2004), does not apply to the admission of hearsay evidence during revocation of supervised release proceedings. …

Griffin v. Wisconsin, No. 86-5324 (U.S. Supreme Court) (483 U.S. 868; 107 S.Ct. 3164) (June 26, 1987) (Justice Scalia)

Article • March 12, 2005

Filed under: Punch And Jurists, Supervised Release

Griffin v. Wisconsin, No. 86-5324 (U.S. Supreme Court) (483 U.S. 868; 107 S.Ct. 3164) (June 26, 1987) (Justice Scalia) by In this case the Supreme Court outlined how courts should analyze searches of probationers and parolees and their property under the Fourth Amendment; holding that a State can provide for …

Chandler v. Miller, No. 96-126 (U.S. Supreme Court) (520 U.S. 305; 117 S.Ct. 1295) (April 15, 1997) (Justice Ginsburg)

Article • November 21, 2003

Filed under: Punch And Jurists, Special Needs Exception

Chandler v. Miller, No. 96-126 (U.S. Supreme Court) (520 U.S. 305; 117 S.Ct. 1295) (April 15, 1997) (Justice Ginsburg) by Under the Georgia statute at issue, to qualify for a place on the ballot, a candidate must present a certificate from a state approved laboratory, in a form approved by …

International Union, United Auto. v. Winters, No. 5:00-CV-21 (W.D.Mich.) (278 F.Supp.2d 880) (April 7, 2003) (Judge David W. McKeague)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Special Needs Exception

International Union, United Auto. v. Winters, No. 5:00-CV-21 (W.D.Mich.) (278 F.Supp.2d 880) (April 7, 2003) (Judge David W. McKeague) by Here, relying on the "special needs" exception to the Fourth Amendment, the Court rejected a union challenge that Michigan’s random, suspicionless drug and alcohol testing program of four categories of …

Skinner v. Railway Labor Executives' Ass'n, No. 87-1555 (U.S. Supreme Court) (489 U.S. 602; 109 S.Ct. 1402) (March 21, 1989) (Justice Kennedy)

Article • September 20, 2003

Filed under: Punch And Jurists, Special Needs Exception

Skinner v. Railway Labor Executives' Ass'n, No. 87-1555 (U.S. Supreme Court) (489 U.S. 602; 109 S.Ct. 1402) (March 21, 1989) (Justice Kennedy) by In this case, the majority upheld the suspicionless drug testing of railroad employees involved in train accidents. It reasoned that railroad employees are in a position to …

Dubbs v. Head Start, Inc., No. 01-5098 (10th Cir.) (336 F.3d 1194) (July 21, 2003) (Judge Michael W. McConnell)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Special Needs Exception

Dubbs v. Head Start, Inc., No. 01-5098 (10th Cir.) (336 F.3d 1194) (July 21, 2003) (Judge Michael W. McConnell) by Here the Court held that medical examinations given to children without parental consent did not rise to a level of extreme outrageousness required for damages; but the decision is particularly …

National Treasury Employees Union v. Von Raab, No. 86-1879 (U.S. Supreme Court) (489 U.S. 656; 109 S.Ct. 1384) (March 21, 1989) (Justice Kennedy)

Article • November 24, 2002

Filed under: Punch And Jurists, Special Needs Exception

National Treasury Employees Union v. Von Raab, No. 86-1879 (U.S. Supreme Court) (489 U.S. 656; 109 S.Ct. 1384) (March 21, 1989) (Justice Kennedy) by Here the Court upheld a drug-testing program of the Custom's service that required urinalysis tests of certain employees seeking promotion on the grounds of a "compelling …

Marchwinski v. Howard, No. 00-2115 (6th Cir.) (309 F.3d 330) (October 18, 2002) (Judge Alice M. Batchelder)

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

Filed under: Punch And Jurists, Special Needs Exception

Marchwinski v. Howard, No. 00-2115 (6th Cir.) (309 F.3d 330) (October 18, 2002) (Judge Alice M. Batchelder) by In this case of first impression, the Sixth Circuit upheld the right of the State of Michigan to conduct random, suspicionless drug testing of welfare recipients as the price of receiving benefits. …

Vernonia School Dist. 47J v. Acton, No. 94-590 (U.S. Supreme Court) (515 U.S. 646; 115 S.Ct. 2386) (June 26, 1995) (Justice Scalia)

Article • July 2, 2002

Filed under: Punch And Jurists, Special Needs Exception

Vernonia School Dist. 47J v. Acton, No. 94-590 (U.S. Supreme Court) (515 U.S. 646; 115 S.Ct. 2386) (June 26, 1995) (Justice Scalia) by In this case the petitioner school district required student athletes to submit to drug testing, for which the student's parents had to sign consent forms. Respondents, a …

Board of Education v. Earls, No. 01-332 (U.S. Supreme Court) (536 U.S. 822; 122 S.Ct. 2559) (June 27, 2002) (Justice Thomas)

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

Filed under: Punch And Jurists, Special Needs Exception

Board of Education v. Earls, No. 01-332 (U.S. Supreme Court) (536 U.S. 822; 122 S.Ct. 2559) (June 27, 2002) (Justice Thomas) by In this case, by a vote of 5-to-4, the Supreme Court upheld the validity of a suspicionless drug testing policy enacted by a School Board in rural Oklahoma …

Earls by Earls v. Bd. of Education, No. 00-6126 (10th Cir.) (242 F.3d 1264) (March 21, 2001) (Judge Stephen H. Anderson)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Special Needs Exception

Earls by Earls v. Bd. of Education, No. 00-6126 (10th Cir.) (242 F.3d 1264) (March 21, 2001) (Judge Stephen H. Anderson) by

Ferguson v. City of Charleston, No. 99-936 (U.S. Supreme Court) (532 U.S. 67; 121 S.Ct. 1281) (March 21, 2001) (Justice Stevens)

Article • March 1, 2001 • from P&J March, 2001

Filed under: Punch And Jurists, Special Needs Exception

Ferguson v. City of Charleston, No. 99-936 (U.S. Supreme Court) (532 U.S. 67; 121 S.Ct. 1281) (March 21, 2001) (Justice Stevens) by In 1999, a divided panel from the Fourth Circuit approved a controversial drug testing program of pregnant women in South Carolina, which required the disclosure of drug abuse …

Marchwinski v. Howard, No. 99-10393 (E.D.Mich.) (113 F.Supp.2d 1134) (September 1, 2000) (Judge Victoria A. Roberts)

Article • October 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Special Needs Exception

Marchwinski v. Howard, No. 99-10393 (E.D.Mich.) (113 F.Supp.2d 1134) (September 1, 2000) (Judge Victoria A. Roberts) by Here the Court granted a preliminary injunction against the enforcement of a Michigan statute that required welfare recipients to submit to random, suspicionless drug testing to qualify for benefits because the state failed …