brief california case hodari v

433 results for brief california case hodari v

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  • United States v. Freeman, 110713 FED2, 12-2233-cr

    ..., Assistant United States Attorney, on the brief) New York, NY, for Appellee. . ... suppression decision is reversed, and the case is remanded to the district court. ... reap the benefits of the decisions in California v. Hodari D. , 499 U.S. 621 (1991), United ...

  • United States v. Aragones, 051812 FED10, 11-2142

    ... a sufficient, condition for seizure." California v. Hodari D., 499 U.S. 621, 628 (1991) (emphasis ... is enough to permit an officer to effect a brief investigative detention to determine whether or ... is compelled by the Supreme Court's leading cases on investigatory detentions. In Illinois v. ...

  • 360 F.3d 1339 (D.C. Cir. 2004), 02-3043, United States v. Holmes

    ...J. Kramer, Federal Public Defender was on brief. Neil H. Jaffee, Sandra G. Roland, and Tony W. ... denied his motion, concluding that Holmes's case was on all fours with our decision in United ...7 But see California v. Hodari D., 499 U.S. 621, 625-29, 111 S.Ct. ...

  • 509 F.3d 952 (9th Cir. 2007), 04-16095, Fisher v. City of San Jose

    ... Court for the Northern District of California D.C. No. CV-01-21192-PVT, Patricia V. Trumbull, ... a warrant under the circumstances of this case constituted a constitutional violation as a ... get Fisher's attention and disorient him briefly. Two hours later, at approximately 1:00 p.m., the ... See California v. Hodari D., 499 U.S. 621, 626, 111 S.Ct. 1547, 113 ...

  • United States v. Lopez-Ibarra, 011410 FED9, 09-10033

    ... January 11, 2010[**]San Francisco, California.          Appeal from the United States ...       An investigatory detention–a brief, warrantless seizure by police officers–is ...Hodari D., 499 U.S. 621, 628-29 (1991); Brower v. County ... [**] The panel unanimously concludes this case...

  • United States v. Coleman, 060710 FED3, 09-4150

    ... handcuffed him "[f]or [his] safety, just in case [Coleman] was armed." (Id.) Then, as Wilkers ... evidentiary hearing and a post-hearing briefing, the District Court denied Coleman's motion. It ... forced Coleman off the railing under the Hodari D. test. In California v. Hodari D., the Supreme ...

  • 501 U.S. 419 (1991), 89-1717, Florida v. Bostick

    ...Thus, this case is analytically indistinguishable from INS v. ... police and go about his business," California v. Hodari D. , 499 U.S. 621, 628 (1991), the ... See Brief for the United States as Amicus Curiae 25. We ...

  • WYOMING v HOUGHTON, 040599 USSC98184

    ... . . . This case presents the question whether police officers ...Arkansas, 514 U.S. 927, 931 (1995); California v. Hodari D., 499 U.S. 621, 624 (1991). Where ... clothing constitutes a severe, though brief, intrusion upon cherished personal security, and ...

  • United States v. Beamon, 081314 FED10, 13-2211

    ... restrain a fleeing suspect, punctuated by a brief scuffle with a law enforcement officer, ... were traveling from San Bernardino, California, to Kansas City, Missouri. While the train was ...In California v. Hodari D., 499 U.S. 621 (1991), the Supreme Court held ... issue, our conclusion is supported by cases from other jurisdictions that agree there is no ...

  • Salmon v. Blesser, 091015 FED2, 14-1993-cv

    ... the ejection, so that for a time, however brief, he intentionally restrains the person and ... affirm in part, vacate in part, remand the case to the district court for further proceedings ...California, 551 U.S. 249, 255 (2007); United States v. ...See California v. Hodari D., 499 U.S. 621, 626 (1991) (stating that "word ...

  • 145 F.3d 1334 (6th Cir. 1998), 97-3135, U.S. v. Rumph

    ...1868, 20 L.Ed.2d 889 (1968). The case went to trial, and a jury returned a verdict of ...       A police officer may conduct a brief investigatory stop of an individual when the ...         In California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 ...

  • United States v. Richardson, 111612 FED3, 12-2418

    ... with the Fourth Amendment, conduct a brief investigatory stop of a person when the officer ...California v. Hodari D., 499 U.S. 621, 626 (1991). Even if ...2012) ("In most cases, disclaiming ownership or physically ...

  • United States v. Ray, 011515 FED6, 14-3502

    ... a digital image of a fired cartridge case into the Nationally Integrated Ballistic ... and slide were manufactured in California and sent to Jimenez Arms for assembly in Nevada. ... this exclusion, defense counsel ended his brief examination of the defense investigator and did ...California v. Hodari D., 499 U.S. 621, 626 (1991). A seizure requires ...

  • Scozzari v. McGraw, 091412 FED6, 11-1689

    ... a few minutes later and Miedzianowski briefed him. After conducting a brief investigation in ...2012). The complaint in this case and this appeal concern only the events that ...California v. Hodari D., 499 U.S. 621, 624 (1991). A ...

  • Appellate review of sentences: reconsidering deference.

    ... accommodates localization values in the cases in which they are most salient. . TABLE OF ... a charging document, a rap sheet, and a few brief in-court statements from the defendant. In ... with advisory guidelines were Alabama, California, Delaware, Indiana, Maryland, New Jersey, Ohio, ...2008). . (44.) See, e.g., State v. Hodari, 996 P.2d 1230, 1232 (Alaska 2000) ("[R]easonable ...

  • 73 CBJ 409. U.S. SUPREME COURT AT '99: JURISPRUDENCE OR IMPRUDENT JURISTS?.

    ... Kennedy noted the fact that " [t] his case requires us to consider our. place in the ...Arkansas, 514 U.S. 927 (1995); California v. Hodari D., 499 U.S. 621. (1991). More ... Court was returning to "the brief period of confusion and crisis when our new. ...

  • Kaupp v. Texas: breathing life into the Fourth Amendment.

    ..., are sometimes hesitant to use this rule in cases where the evidence illegally obtained is ...More recently, in California v. Hodari D., the Court reemphasized that an ... car and taken to the police station after a brief stop at the site where the victim's body had been ...

  • United States v. Goyer, 060614 FED6, 12-6348

    ... a reasonable suspicion that justified the brief seizure and search of Defendant. ... "yields" to this show of authority, California" v. Hodari D., 499 U.S. 621, 626 (1991).     \xC2"...In the case of an investigative Terry stop, the police must ...

  • The warrantless interception of e-mail: Fourth Amendment search or free rein for the police?

    ...Case Law Specific to E-mail IV. INTERCEPTION OF E-MAIL ... needs doctrine as long as the detention is "brief" and the checkpoint program is "effective." (48) ...(63) As the California Supreme Court noted in 1974: . Of signal ...429, 434 (1991); California v. Hodari D., 499 U.S. 621, 626 & n.2 (1991); Brower v. ...

  • 934 F.2d 1267 (D.C. Cir. 1991), 90-5225, Andrews v. Wilkins

    ...Gerald was on the brief, for appellants.        John C. Cleary, ... I. FACTUAL BACKGROUND.        This case arises from a bizarre series of events that began ...See California v. Hodari D., --- U.S. ----, ----, 111 S.Ct. ...

  • United States v. Badger, 090911 FED4, 08-4671

    ...On appeal, counsel filed a brief arguing that the district court plainly erred in ...California, 386 U.S. 738 (1967), asserting that there are no ...California v. Hodari D., 499 U.S. 621, 626 (1991). Badger did not ..., we have reviewed the entire record in this case and have found no meritorious issues for appeal. ...

  • 350 F.3d 131 (1st Cir. 2003), 01-1619, U.S. v. Soto-Beniquez

    ..., Assistant United States Attorney, were on brief, for appellee.         Before SELYA, ...         This massive drug conspiracy case from Puerto Rico involved a six-month trial and ... Cf. California v. Hodari D., 499 U.S. 621, 629, 111 S.Ct. 1547, ...

  • U.S. v Drayton, 061702 USSC, 01-631

    ...   (b) Applying Bostick's framework to this case demonstrates that the police did not seize ... the police and go about his business," California v. Hodari D., 499 U.S. 621 , 628 (1991), is not ...Accord, Reply Brief for United States 20, n. 7 (stating that the ...

  • Carroll v. Ellington, 082615 FED5, 13-20388

    ...§ 1983. The case proceeded to trial. After the jury deadlocked, ...; instead, Barnes said he was from California. Later, Barnes mentioned to Viruette that "this ...With the benefit of supplemental briefing on this question, we hold that we have ... See California v. Hodari D. , 499 U.S. 621, 626, 629 (1991) ("[Y]elling ...

  • United States v. Ruff, 090911 FED6, 08-4428

    ...California, 551 U.S. 249, 254 (2007) (internal quotation ...(emphasis added); see also California v. Hodari D., 499 U.S. 621, 626 (1991) (holding that a ... a Terry stop, in which an officer may "briefly . . . detain a person or property for ... August 3, 2010, retroactively applies to his case. See Pub. L. No. 111-220, 124 Stat. 2372 ...