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U.S. v. Robinson, No. 14-4902 (4th Cir.) (846 F.3d 694) (January 23, 2017) (Judge Paul V. Niemeyer)

Article • March 27, 2017 • from P&J March, 2017

Filed under: Punch And Jurists, Presumption of Dangerousness

U.S. v. Robinson, No. 14-4902 (4th Cir.) (846 F.3d 694) (January 23, 2017) (Judge Paul V. Niemeyer) by This is an intriguing and provocative decision that debates whether the rash of new gun laws that have been sprouting up all across our nation in the aftermath of District of Columbia …

U.S. v. Wali, No. 3:10-CR-235-L (N.D.Tex.) (811 F.Supp.2d 1276) (March 3, 2011) (Judge Sam A. Lindsay)

Article • April 2, 2012 • from P&J April, 2012

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Wali, No. 3:10-CR-235-L (N.D.Tex.) (811 F.Supp.2d 1276) (March 3, 2011) (Judge Sam A. Lindsay) by Here the Court held that mere knowledge by a police dispatcher of information about a suspect, which was never communicated to police officers in the field, could not be imputed to the arresting …

U.S. v. Massenburg, No. 10-4209 (4th Cir.) (654 F.3d 480) (August 15, 2011) (Judge Andre M. Davis)

Article • November 28, 2011 • from P&J November, 2011

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Massenburg, No. 10-4209 (4th Cir.) (654 F.3d 480) (August 15, 2011) (Judge Andre M. Davis) by We find it somewhat surprising that some of the best recent decisions regarding the rights of citizens under the Fourth Amendment have been coming from the Fourth Circuit - long-regarded as one …

U.S. v. Whitfield, No. 09-3031 (3rd Cir.) (634 F.3d 741) (December 6, 2010) (Judge Maryanne Trump Barry)

Article • May 16, 2011 • from P&J May, 2011

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Whitfield, No. 09-3031 (3rd Cir.) (634 F.3d 741) (December 6, 2010) (Judge Maryanne Trump Barry) by Here the Court upheld the validity of a Terry stop based on its adoption of the broad “collective knowledge doctrine,” under which the knowledge of one law enforcement officer is “imputed” to …

U.S. v. Askew, No. 04-3092 (D.C. Cir.) (529 F.3d 1119) (June 20, 2008) (Judge Harry T. Edwards)

Article • July 1, 2008 • from P&J July, 2008

Filed under: Punch And Jurists, Scope of Permissible Searches

U.S. v. Askew, No. 04-3092 (D.C. Cir.) (529 F.3d 1119) (June 20, 2008) (Judge Harry T. Edwards) by In U.S. v. Askew, 482 F.3d 532 (D.C. Cir. Apr. 26, 2007) (“Askew I”) (P&J, 03/19/07), a divided panel from the D.C. Circuit issued a controversial and extremely activist ruling regarding the …

U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam) by On the evening of March 20, 2004, four Washington, D.C. police officers who were riding in an unmarked police car received a radio alert that an unidentified suspect had attempted to steal a car …

U.S. v. Washington, No. 06-30386 (9th Cir.) (490 F.3d 765) (June 19, 2007) (Judge Ronald M. Gould)

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

Filed under: Punch And Jurists, Voluntariness

U.S. v. Washington, No. 06-30386 (9th Cir.) (490 F.3d 765) (June 19, 2007) (Judge Ronald M. Gould) by This decision contains an exhaustive review of the many factors that generally determine whether or not an investigative stop is lawful under the parameters of Terry v. Ohio, 392 U.S. 1 (1968). …

U.S. v. Askew, No. 04-3092 (D.C. Cir.) (482 F.3d 532) (April 6, 2007) (Judge Brett M. Kavanaugh)

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

Filed under: Punch And Jurists, Scope of Permissible Searches

U.S. v. Askew, No. 04-3092 (D.C. Cir.) (482 F.3d 532) (April 6, 2007) (Judge Brett M. Kavanaugh) by Prior to his appointment to the Court of Appeals in May of 2006, Judge Brett Kavanaugh served as an associate counsel to President Bush for three years, and then, from 2003 to …

U.S. v. Hensley, No. 83-1330 (U.S. Supreme Court) (469 U.S. 221; 105 S.Ct. 675) (January 8, 1985) (Justice O'Connor)

Article • June 2, 2005

Filed under: Punch And Jurists, Collective Knowledge Doctrine

U.S. v. Hensley, No. 83-1330 (U.S. Supreme Court) (469 U.S. 221; 105 S.Ct. 675) (January 8, 1985) (Justice O'Connor) by In this case, the Supreme Court considered whether a "wanted flyer" issued by a law enforcement agency that an individual was involved in a robbery can be relied upon by …

U.S. v. Brigham, No. 02-40719 (5th Cir.) (382 F.3d 500) (August 19, 2004) (Judge Edith H. Jones)

Article • September 1, 2004 • from P&J September, 2004

Filed under: Punch And Jurists, Terry Stops

U.S. v. Brigham, No. 02-40719 (5th Cir.) (382 F.3d 500) (August 19, 2004) (Judge Edith H. Jones) by This case is noted for Judge DeMoss' outspoken dissent in which he sharply criticized the majority for converting an innocuous traffic stop into a full blown investigation of the driver and all …

U.S. v. Cortez, No. 79-404 (U.S. Supreme Court) (449 U.S. 411; 101 S.Ct. 690) (January 21, 1981) (Justice Burger)

Article • October 10, 2003

Filed under: Punch And Jurists, Terry Stops

U.S. v. Cortez, No. 79-404 (U.S. Supreme Court) (449 U.S. 411; 101 S.Ct. 690) (January 21, 1981) (Justice Burger) by In U.S. v. Brignoni-Ponce, 422 U.S. 873 (1975), the Supreme Court first articulated how the roving patrols of the U.S. Border Patrol could constitutionally make stops of vehicles traveling near …

U.S. v. Patterson, No. 01-6001 (6th Cir.) (340 F.3d 368) (August 15, 2003) (Judge Boyce F. Jr. Martin)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Patterson, No. 01-6001 (6th Cir.) (340 F.3d 368) (August 15, 2003) (Judge Boyce F. Jr. Martin) by Once in a great while, a decision comes down that dramatically highlights the enormous disparity that exists in the judicial community about what constitutes “reasonable suspicion” under the Fourth Amendment. This …

Michigan v. Chesternut, No. 86-1824 (U.S. Supreme Court) (486 U.S. 567; 108 S.Ct. 1975) (June 13, 1988) (Justice Blackmun)

Article • July 14, 2003

Filed under: Punch And Jurists, Terry Stops

Michigan v. Chesternut, No. 86-1824 (U.S. Supreme Court) (486 U.S. 567; 108 S.Ct. 1975) (June 13, 1988) (Justice Blackmun) by Observing the approach of a police car on routine patrol, respondent began to run. The police followed him "to see where he was going," and, after catching up with him …

Sibron v. New York, No. 63 (U.S. Supreme Court) (392 U.S. 40; 88 S.Ct. 1889) (June 10, 2068) (Justice Warren)

Article • September 20, 2002

Filed under: Punch And Jurists, Terry Stops

Sibron v. New York, No. 63 (U.S. Supreme Court) (392 U.S. 40; 88 S.Ct. 1889) (June 10, 2068) (Justice Warren) by Here the Court held that the inference that the petitioner engaged in narcotics trafficking merely because he spoke with drug addicts did not constitute probable cause for a warrantless …

U.S. v. Casado, No. 01-1488 (2nd Cir.) (303 F.3d 440) (September 12, 2002) (Judge Robert D. Sack)

Article • August 1, 2002 • from P&J September, 2002

Filed under: Punch And Jurists, Terry Stops

U.S. v. Casado, No. 01-1488 (2nd Cir.) (303 F.3d 440) (September 12, 2002) (Judge Robert D. Sack) by In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court addressed an important question concerning the role of the Fourth Amendment in the confrontation on the street between the citizen and …

Michigan v. Long, No. 82-256 (U.S. Supreme Court) (463 U.S. 1032; 103 S.Ct. 3469) (July 6, 1983) (Justice O'Connor)

Article • October 14, 2001

Filed under: Punch And Jurists, Terry Stops

Michigan v. Long, No. 82-256 (U.S. Supreme Court) (463 U.S. 1032; 103 S.Ct. 3469) (July 6, 1983) (Justice O'Connor) by In this case the Court held that the police, while conducting a Terry stop search of a suspect, may search the suspect's person and the area within his immediate control. …

U.S. v. Holt, No. 99-7150 (10th Cir.) (229 F.3d 931) (August 24, 2000) (Judge Mary Beck Briscoe)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Holt, No. 99-7150 (10th Cir.) (229 F.3d 931) (August 24, 2000) (Judge Mary Beck Briscoe) by Here, in a decision subsequently reversed by the en banc court at 264 F.3d 1215 (10th Cir. 2001), a divided panel upheld the suppression of evidence obtained as a result of questions …

U.S. v. Sharpe, No. 83-529 (U.S. Supreme Court) (470 U.S. 675; 105 S.Ct. 1568) (March 20, 1985) (Justice Burger)

Article • July 1, 1999

Filed under: Punch And Jurists, Terry Stops

U.S. v. Sharpe, No. 83-529 (U.S. Supreme Court) (470 U.S. 675; 105 S.Ct. 1568) (March 20, 1985) (Justice Burger) by Here, while the Court affirmed that investigative stops must be brief, it rejected as "fundamentally at odds" with the Court's rulings on the topic, a per se rule that a …

U.S. v. Campbell, No. 98-60243 (5th Cir.) (178 F.3d 345) (June 10, 1999) (Judge Edith H. Jones)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Terry Stops

U.S. v. Campbell, No. 98-60243 (5th Cir.) (178 F.3d 345) (June 10, 1999) (Judge Edith H. Jones) by Quoting from U.S. v. Sanders, 994 F.2d 200, 206-07 (5th Cir. 1993), the court stated: "In Sanders, this court observed that "using some force on a suspect, pointing a weapon at a …

U.S. v. Salzano, No. 97-3337 (10th Cir.) (158 F.3d 1107) (October 16, 1998) (Judge David M. Ebel)

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

Filed under: Punch And Jurists, Terry Stops

U.S. v. Salzano, No. 97-3337 (10th Cir.) (158 F.3d 1107) (October 16, 1998) (Judge David M. Ebel) by Here the en banc court essentially affirmed, over Judge Bright's dissent, a prior panel's decision that holding the defendant in detention until canine dogs arrived was unreasonable and not supported by sufficent …