Search | Punch and Jurists

McClish v. Nugent, No. 06-11826 (11th Cir.) (483 F.3d 1231) (April 11, 2007) (Judge Stanley Marcus)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

McClish v. Nugent, No. 06-11826 (11th Cir.) (483 F.3d 1231) (April 11, 2007) (Judge Stanley Marcus) by Under the Fourth Amendment, officers typically need a warrant in order to arrest a suspect inside his home. The question that divided this Eleventh Circuit panel was whether the police can grab a …

U.S. v. Flanders, No. 05-10785 (5th Cir.) (468 F.3d 269) (October 20, 2006) (Judge Jerry E. Smith)

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

Filed under: Punch And Jurists, Good Faith

U.S. v. Flanders, No. 05-10785 (5th Cir.) (468 F.3d 269) (October 20, 2006) (Judge Jerry E. Smith) by Courts are supposed to be in the business of enforcing the Constitution. But this panel of the Fifth Circuit apparently missed this part of its job description. Defendant Michael Flanders appeals the …

U.S. v. Carpenter, No. 01-5368 (6th Cir.) (360 F.3d 591) (March 9, 2004) (Judge Eugene E. Jr. Siler)

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

Filed under: Punch And Jurists, Good Faith

U.S. v. Carpenter, No. 01-5368 (6th Cir.) (360 F.3d 591) (March 9, 2004) (Judge Eugene E. Jr. Siler) by The United States District Court for the Eastern District of Tennessee, at Greeneville, denied defendants' motion to suppress and convicted defendants for manufacturing marijuana. The appellate court panel affirmed in part, …

U.S. v. McCain, No. CR 01-0344 MHP (N.D.Cal.) (271 F.Supp.2d 1187) (July 9, 2003) (Judge Marilyn H. Patel)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. McCain, No. CR 01-0344 MHP (N.D.Cal.) (271 F.Supp.2d 1187) (July 9, 2003) (Judge Marilyn H. Patel) by Here the Court held that a warrant affidavit, which suggested that the probable cause information was received from a “confidential reliable source” when it actually came from a wiretap was so …

U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Sartin, No. CR 01-347-PA (D.Or.) (262 F.Supp.2d 1154) (March 19, 2003) (Judge Owen M. Panner) by

Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart)

Article • August 7, 2002

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart) by In this case the police conducted a warrantless, four-day search of the apartment where the defendant had killed a police officer. Rejecting the State's argument that the man had forfeited …

U.S. v. Cervantes, No. 98-50722 (9th Cir.) (219 F.3d 882) (June 12, 2000) (Judge A. Wallace Tashima)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Cervantes, No. 98-50722 (9th Cir.) (219 F.3d 882) (June 12, 2000) (Judge A. Wallace Tashima) by Here the Court held that to determine whether a search was justified by an emergency, it must not be motivated primarily by an intent to arrest and seize evidence; examining the motivation …

U.S. v. Allen, No. 96-6313 (6th Cir.) (211 F.3d 970) (May 4, 2000) (Judge Danny J. Boggs)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Allen, No. 96-6313 (6th Cir.) (211 F.3d 970) (May 4, 2000) (Judge Danny J. Boggs) by Here a divided en banc Court held that an unsupported tip is sufficient to support a warrant application - over the strong dissent of Judge Clay who accused the majority of driving …

New York v. Harris, No. 88-1000 (U.S. Supreme Court) (495 U.S. 14; 110 S.Ct. 1640) (April 18, 1990) (Justice White)

Article • May 21, 2000

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

New York v. Harris, No. 88-1000 (U.S. Supreme Court) (495 U.S. 14; 110 S.Ct. 1640) (April 18, 1990) (Justice White) by In this case, police officers with guns drawn knocked on the door of Harris' apartment. He looked out of a peephole, and one of the officers displayed a badge. …

Flippo v. West Virginia, No. 98-8770 (U.S. Supreme Court) (528 U.S. 11; 120 S.Ct. 7) (October 18, 1999) (Per Curiam)

Article • December 26, 1999

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

Flippo v. West Virginia, No. 98-8770 (U.S. Supreme Court) (528 U.S. 11; 120 S.Ct. 7) (October 18, 1999) (Per Curiam) by Here the Court held that there is no "crime scene exception" to the Fourth Amendment's requirement for a search warrant, thus suppressing photographs the police removed from a briefcase …

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin) by In this amended decision the Court upheld the suppression of evidence and ruled that the provisions of Rule 41(b) were violated when the FBI, executing a warrant, refused to show the warrant …

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Gantt, No. 98-50171 (9th Cir.) (194 F.3d 987) (October 14, 1999) (Judge Alfred T. Goodwin) by In this case the Ninth Circuit held that the Government violated Rule 41(d) of the Fed.R.Crim.P. by failing to present the defendant with a complete copy of the warrant at the outset …

U.S. v. Carnes, No. 97-80057 (E.D.Mich.) (51 F.Supp.2d 829) (June 17, 1999) (Judge Gerald E. Rosen)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Carnes, No. 97-80057 (E.D.Mich.) (51 F.Supp.2d 829) (June 17, 1999) (Judge Gerald E. Rosen) by In the 8/30/99 issue of P&J, we noted a case, U.S. v. Payne, 181 F.3d 781 (6th Cir. 1999), in which the Sixth Circuit held that evidence seized by a parole officer in …

Aguilar v. Texas, No. 548 (U.S. Supreme Court) (378 U.S. 108; 84 S.Ct. 1509) (June 15, 2064) (Justice Goldberg)

Article • July 24, 1999

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

Aguilar v. Texas, No. 548 (U.S. Supreme Court) (378 U.S. 108; 84 S.Ct. 1509) (June 15, 2064) (Justice Goldberg) by The Court held that, although an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate …

U.S. v. Lovelock, No. 98-1463 (2nd Cir.) (170 F.3d 339) (March 16, 1999) (Judge Amalya Lyle Kearse)

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

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

U.S. v. Lovelock, No. 98-1463 (2nd Cir.) (170 F.3d 339) (March 16, 1999) (Judge Amalya Lyle Kearse) by The defendant appeals the denial of his pretrial motion to suppress evidence as the product of an unlawful entry into his apartment. The district court ruled the entry was lawful because the …

Steagald v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall)

Article • August 23, 1998

Filed under: Punch And Jurists, Warrants - Requirements/Scope/Exceptions

Steagald v. U.S., No. 79-6777 (U.S. Supreme Court) (451 U.S. 204; 101 S.Ct. 1642) (April 21, 1981) (Justice Marshall) by Here the Court firmly held that absent exigent circumstances or consent, a home may not be searched without a warrant. The narrow issue before the Court was whether an arrest …