Search | Punch and Jurists

U.S. v. Griffith, No. 13-3061 (D.C. Cir.) (867 F.3d 1265) (August 18, 2017) (Judge Sri Srinivasan)

Article • August 28, 2017 • from P&J August, 2017

Filed under: Punch And Jurists, Probable Cause

U.S. v. Griffith, No. 13-3061 (D.C. Cir.) (867 F.3d 1265) (August 18, 2017) (Judge Sri Srinivasan) by Here a divided panel held a warrant authorizing officers to search for and seize all cell phones and other electronic devices in defendant's residence was invalid both because it was overly broad and …

D.E. v. Doe, No. 15-2128 (6th Cir.) (834 F.3d 723) (August 25, 2016) (Judge John M. Rogers)

Article • September 5, 2016 • from P&J September, 2016

Filed under: Punch And Jurists, Probable Cause

D.E. v. Doe, No. 15-2128 (6th Cir.) (834 F.3d 723) (August 25, 2016) (Judge John M. Rogers) by In June 2012, nineteen-year-old D.E. took a wrong turn on his way to summer camp. Instead of arriving at the camp in Michigan, he inadvertently ended up at the international border with …

U.S. v. $167,070.00 in U.S. Currency, No. 3:13-CV-00324-LRH-VPC (D.Nev.) (112 F.Supp.3d 1108) (June 12, 2015) (Judge Larry R. Hicks)

Article • March 28, 2016 • from P&J March, 2016

Filed under: Punch And Jurists, Probable Cause

U.S. v. $167,070.00 in U.S. Currency, No. 3:13-CV-00324-LRH-VPC (D.Nev.) (112 F.Supp.3d 1108) (June 12, 2015) (Judge Larry R. Hicks) by This is another outrageous asset forfeiture case that shows how Federal law both enables and encourages the police to become bandits with a badge. First, a little background. The Institute …

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (769 F.3d 163) (October 1, 2014) (Judge Franklin S. Van Antwerpen)

Article • January 19, 2015 • from P&J January, 2015

Filed under: Punch And Jurists, Probable Cause

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (769 F.3d 163) (October 1, 2014) (Judge Franklin S. Van Antwerpen) by In the 11/04/13 issue of P&J, we noted a case entitled U.S. v. Katzin, 732 F.3d 187 (3rd Cir. 10/22/13) (“Katzin I”) in which a panel from the Third Circuit became …

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (732 F.3d 187) (October 22, 2013) (Judge Joseph A. Jr. Greenaway)

Article • December 23, 2013 • from P&J November, 2013

Filed under: Punch And Jurists, Probable Cause

U.S. v. Katzin, No. 12-2548 (3rd Cir.) (732 F.3d 187) (October 22, 2013) (Judge Joseph A. Jr. Greenaway) by In U.S. v. Jones, 132 S. Ct. 945 (2012), the Supreme Court’s first major ruling on the warrantless use of GPS tracking devices, the Court unanimously held that attaching a GPS …

Carroll v. County of Monroe, No. 12-975-cv (2nd Cir.) (712 F.3d 649) (March 12, 2013) (Per Curiam)

Article • December 1, 2013

Filed under: Punch And Jurists, No-Knock Warrants

Carroll v. County of Monroe, No. 12-975-cv (2nd Cir.) (712 F.3d 649) (March 12, 2013) (Per Curiam) by The district court did not err in denying plaintiff's motions to set aside the verdict, or for a new trial, because there were sufficient facts for a reasonable jury to conclude that …

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith)

Article • December 10, 2012 • from P&J December, 2012

Filed under: Punch And Jurists, Probable Cause

U.S. v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir.) ( F.3d ) (November 28, 2012) (Judge N. Randy Smith) by This is an exceptionally strong Terry frisk decision (see Terry v. Ohio, 392 U.S. 1 (1968)), the import and reach of which is made all the more powerful because of …

Ackerson v. City of White Plains, No. 11-4649-cv (2nd Cir.) (702 F.3d 15) (November 29, 2012) (Per Curiam)

Article • December 1, 2012

Filed under: Punch And Jurists, Probable Cause

Ackerson v. City of White Plains, No. 11-4649-cv (2nd Cir.) (702 F.3d 15) (November 29, 2012) (Per Curiam) by In action alleging false arrest, malicious prosecution and 1983 claims following arrest for 3rd degree menacing, summary judgment for defendants is affirmed in part and reversed in part, where: 1) plaintiff's …

U.S. v. Krupa, No. 09-10396 (9th Cir.) (658 F.3d 1174) (September 30, 2011) (Judge Consuelo M. Callahan)

Article • December 1, 2011

Filed under: Punch And Jurists, Probable Cause

U.S. v. Krupa, No. 09-10396 (9th Cir.) (658 F.3d 1174) (September 30, 2011) (Judge Consuelo M. Callahan) by Peter Krupa was staying at the house of a friend at the Edwards Air Force Base in California, when the military police arrived, looking for the owner. The military police observed that …

U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (634 F.3d 639) (March 8, 2011) (Per Curiam)

Article • December 1, 2011

Filed under: Punch And Jurists, Particularity Requirement

U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (634 F.3d 639) (March 8, 2011) (Per Curiam) by [Editor's Note: For a commentary on this decision, see "Man Fails to Win Rehearing on Deficiency of Search Warrant," by Mark Hamblett, as published in the New York Law Journal on March 11, 2011 …

U.S. v. Rodgers, No. 10-30254 (9th Cir.) (656 F.3d 1023) (September 7, 2011) (Judge M. Margaret McKeown)

Article • September 19, 2011 • from P&J September, 2011

Filed under: Punch And Jurists, Probable Cause

U.S. v. Rodgers, No. 10-30254 (9th Cir.) (656 F.3d 1023) (September 7, 2011) (Judge M. Margaret McKeown) by In this automobile search case, a divided panel from the Ninth Circuit reversed a district court’s refusal to grant a motion to suppress evidence of a gun and drugs found in the …

U.S. v. Krupa, No. 09-10396 (9th Cir.) (633 F.3d 1148) (February 7, 2011) (Judge Consuelo M. Callahan)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Krupa, No. 09-10396 (9th Cir.) (633 F.3d 1148) (February 7, 2011) (Judge Consuelo M. Callahan) by This decision is noted for Judge Berzon’s outspoken dissent in which she berated her colleagues for adopting an excessively expansive standard for finding “probable cause” to justify the issuance of a search …

U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (626 F.3d 56) (October 27, 2010) (Judge John M. Jr. Walker)

Article • December 1, 2010

Filed under: Punch And Jurists, Particularity Requirement

U.S. v. Rosa, No. 09-0636-cr (2nd Cir.) (626 F.3d 56) (October 27, 2010) (Judge John M. Jr. Walker) by Defendant's convictions for producing child pornography and of witness tampering are affirmed where, while the court agreed with defendant that a search warrant failed for lack of particularity and, in light …

U.S. v. $186,416.00 in U.S. Currency, No. 07-56549 (9th Cir.) (590 F.3d 942) (January 7, 2010) (Judge Richard R. Clifton)

Article • March 22, 2010 • from P&J March, 2010

Filed under: Punch And Jurists, Probable Cause

U.S. v. $186,416.00 in U.S. Currency, No. 07-56549 (9th Cir.) (590 F.3d 942) (January 7, 2010) (Judge Richard R. Clifton) by Here, relying on the exclusionary rule, the Court ordered the Federal Government to return $186,416 dollars that had been seized by the LAPD, stressing it was "particularly concerned" about …

U.S. v. $186,416 in U.S. Currency, No. 07-56549 (9th Cir.) (583 F.3d 1220) (October 20, 2009) (Judge Richard R. Clifton)

Article • October 1, 2009 • from P&J October, 2009

Filed under: Punch And Jurists, Probable Cause

U.S. v. $186,416 in U.S. Currency, No. 07-56549 (9th Cir.) (583 F.3d 1220) (October 20, 2009) (Judge Richard R. Clifton) by On March 15, 2005, the Los Angeles Police Department (“LAPD”) obtained a search warrant from a California State court to search the premises operated by United Medical Caregivers Clinic …

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (553 F.3d 1171) (January 30, 2009) (Per Curiam)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Probable Cause

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (553 F.3d 1171) (January 30, 2009) (Per Curiam) by Here the en banc Court affirmed - but radically toned down - a panel's prior, controversial decision regarding thermal imaging warrants by concluding that probable cause existed for the issuance of those warrants - …

U.S. v. Valentine, No. 06-5648-cr (2nd Cir.) (539 F.3d 88) (August 5, 2008) (Judge Alan H. Nevas)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Valentine, No. 06-5648-cr (2nd Cir.) (539 F.3d 88) (August 5, 2008) (Judge Alan H. Nevas) by In a criminal proceeding in which defendant plead guilty to being a felon in possession of a firearm, denial of defendant's motion to suppress evidence seized in his apartment after his arrest …

U.S. v. Delossantos, No. 06-4813-cr (2nd Cir.) (536 F.3d 155) (July 25, 2008) (Judge Wilfred Feinberg)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Delossantos, No. 06-4813-cr (2nd Cir.) (536 F.3d 155) (July 25, 2008) (Judge Wilfred Feinberg) by In a prosecution for drug-related offenses, grant of a motion to suppress post-arrest statements and evidence obtained from defendant's apartment and car is reversed where agents had probable cause to arrest defendant based …

Tabbaa v. Chertoff, No. 06-0119-cv (2nd Cir.) (509 F.3d 89) (November 26, 2007) (Judge Chester J. Straub)

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

Filed under: Punch And Jurists, Probable Cause

Tabbaa v. Chertoff, No. 06-0119-cv (2nd Cir.) (509 F.3d 89) (November 26, 2007) (Judge Chester J. Straub) by Over the Christmas holidays in 2004, some 13,0000 Muslims from across North America traveled to Toronto, Canada to attend a Muslim conference known as the Reviving the Islamic Spirit (“RIS”) conference in …

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (503 F.3d 703) (October 5, 2007) (Judge James B. Loken)

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

Filed under: Punch And Jurists, Probable Cause

U.S. v. Kattaria, No. 06-3903 (8th Cir.) (503 F.3d 703) (October 5, 2007) (Judge James B. Loken) by In a decision that quickly drew a torrent of negative commentary as a “radical departure” from firmly established Fourth Amendment law, the Court held that a thermal imaging warrant requires only reasonable …