steagald principle

170 results for steagald principle

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  • 407 F.3d 193 (3rd Cir. 2005), 03-2654, United States v. Agnew

    ...The Supreme Court held in Steagald v. United States, 451 U.S. 204, 211-14, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...at 781 (citation omitted). Agnew asks us to extend this principle to decisions under Rule 609. The District Court stated, "I have read the ...

  • 483 F.3d 404 (5th Cir. 2007), 05-41684, Freeman v. Gore

    ... . claim that this detention was permissible both under the principles of Michigan v. Summers, 452 U.S. 692, 101 S.Ct. 2587, 69 L.Ed.2d 340 ... See, e.g., Steagald, 451 U.S. at 213-14, 101 S.Ct. 1642; Fletcher, 196 F.3d at 54; 1 ...

  • 469 U.S. 325 (1985), 83-712, New Jersey v. T.L.O.

    ... free mind at its source and teach youth to discount important principles of our government as mere platitudes. .          West Virginia ...Place , 462 U.S. 696, 701 (1983); Steagald v. United States , 451 U.S. 204, 211-212 (1981); Mincey v. Arizona , 437 ...

  • 468 U.S. 897 (1984), 82-1771, United States v. Leon

    ... relating to the exclusionary rule and the constitutional principles it is designed to protect. Dunaway v. New York , 442 U.S. 200, 217-218 ...82-963 illustrates this point. 24 See, e.g., Steagald v. United States , 451 U.S. 204, 220 (1981); Payton v. New York, 445 ...

  • 553 F.3d 6 (1st Cir. 2009), 07-2299, United States v. Graham

    ... the outcome here, but rather two other Supreme Court cases, Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981) and ...           Certain relevant principles are well established. To be valid under the Fourth Amendment, a search ...

  • 83 F.3d 212 (8th Cir. 1996), 95-3187, United States v. Risse

    ...See Steagald v. United States, 451 U.S. 204, 215-16, 101 S.Ct. 1642, 1649-50, 68 ... Risse's expectation of privacy in his home, we are guided by the principle that, so long as Rhoads possesses common authority over, or some other ...

  • 226 F.3d 1256 (11th Cir. 2000), 98-5419, United States v Bervaldi

    ...          Historical Principles.          ---------------------.         .. .... 11 . We note that Bervaldi's reliance on Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), is ...

  • 485 U.S. 112 (1988), 86-772, City of St. Louis v. Praprotnik

    ... As a general principle, a municipality is not liable under 42 U.S.C.1983 for the actions of its ... . advice was unconstitutional, see Steagald v. United States , 451 U.S. 204 (1981), and the question was whether the ...

  • 859 F.2d 1411 (9th Cir. 1988), 86-6663, Perez v. Simmons

    ...We begin our analysis by noting the " 'basic principle of Fourth Amendment law' that searches and seizures inside a home without ...at 603, 100 S.Ct. at 1388 (emphasis added). However, in Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), the ...

  • 483 F.3d 1231 (11th Cir. 2007), 06-11826, McClish v. Nugent

    ... premises alleged, a court might find it necessary to set forth principles which will become the basis for a holding that a right is clearly ... the Fourth Amendment is directed." (quotation marks omitted)); Steagald v. United States, 451 U.S. 204, 212, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981) ...

  • 589 F.3d 289 (6th Cir. 2009), 08-5703, United States v. Archibald

    ... while carving out those exceptions, the Court has reaffirmed the principle that the " police must, whenever practicable, obtain advance judicial ... Steagald v. United States, 451 U.S. 204, 212-13, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • 466 U.S. 109 (1984), 82-1167, United States v. Jacobsen

    ...        The governing principles with respect to the constitutional protection afforded closed containers ... See, e.g., Steagald...

  • 418 F.3d 676 (6th Cir. 2005), 03-3259, Cummings v. City of Akron

    ...        "It is a 'basic principle of Fourth Amendment law' that searches and seizures inside a home without ...As the United States Supreme Court observed in Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981):. ...

  • 536 F.3d 1012 (9th Cir. 2008), 06-70868, Lopez-Rodriguez v. Mukasey

    ...principle of Fourth Amendment law’ that searches and seizures inside a home ... be overcome only by showing “consent or exigent circumstances." Steagald v. United States, 451 U.S. 204, 211, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981). ...

  • 897 F.3d 1067 (9th Cir. 2018), 13-56686, Mendez v. County of Los Angeles

    ... unlawful entry claim under basic principles of proximate. cause. 1 Id. at 1195. . . ...1994) (Kozinski, J., concurring);. see also Steagald v. United States, 451. U.S. 204, 212, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • 883 F.3d 204 (3rd Cir. 2018), 16-3588, United States v. Werdene

    Investigating Playpen, a global dark-web child pornography forum with more than 150,000 users, the FBI relied on a single search warrant, issued in the Eastern District of Virginia, to search the computers of thousands of Playpen users all over the world, using malware called a “Network Investigative Technique” (NIT). Werdene, a Pennsylvania citizen, was a Playpen user whose computer was...

    ... founding era. 7 " The principle animating. . . Page 214. . . the common law at ...For example, in. Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • United States v. Thompson, 112410 FED10, 09-6181

    ...Steagald v. United States, 451 U.S. 204 (1981); Payton v. New York, 445 U.S. 573 ...297, 313 (1972)). It further observed that "[i]t is a 'basic principle of Fourth Amendment law' that searches and seizures inside a home without ...

  • 842 F.3d 540 (7th Cir. 2016), 15-2443, United States v. Patrick

    Patrick, on parole, did not comply with the conditions of his release from state prison. A warrant issued for his arrest. Milwaukee police obtained a second warrant, which authorized them to locate Patrick using cell‐phone data. Police arrested him in a car, on a public street, in possession of a firearm. The Seventh Circuit affirmed denial of a motion to suppress evidence of the gun, rejecting...

    ... wanted person. See also Steagald v. United States,. 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...Carpenter, 819 F.3d 880 (6th Cir. 2016), apply these. principles to hold that tracking a person via data from phone. companies is not ...

  • 468 U.S. 897 (1984), 82-1771, United States v. Leon

    ... and ineluctability.  It suggests that not only constitutional principle but also empirical data support the majority's result.  When the Court's ...82-963 illustrates this point. .   24 See, e.g., Steagald v. United States, 451 U.S. 204, 220, 101 S.Ct. 1642, 1651, 68 L.Ed.2d 38 ...

  • 713 F.2d 79 (5th Cir. 1983), 82-1457, United States v. Hultgren

    ...573, 590, 100 S.Ct. 1371, 1382, 63 L.Ed.2d 639 (1980). See Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 1647, 68 L.Ed.2d 38 ..., 700 F.2d 944, 950 (5th Cir.1983), this Court reaffirmed the principle that "the failure to obtain a warrant at the first opportunity is not a ...

  • 17 F.3d 399 (D.C. Cir. 1994), 91-3247, United States v. Dawkins

    ...        II.         It is a "basic principle of Fourth Amendment law that searches and seizures inside a home without a ...740, 750, 104 S.Ct. 2091, 2098, 80 L.Ed.2d 732 (1984); Steagald v. United States, 451 U.S. 204, 212, 101 S.Ct. 1642, 1647, 68 L.Ed.2d 38 ...

  • 194 F.3d 987 (9th Cir. 1999), 98-50171, United States v. Gantt

    ...523, 532, 18 L.Ed. 2d 930, 87 S.Ct. 1727 (1967)); Steagald v. United. States, 451 U.S. 204, 226, 68 L.Ed. 2d 38, 101 S.Ct. 1642 ...1996) ("We have long followed the principle that statutes should not be construed to make surplusage of any ...

  • 453 U.S. 420 (1981), 80-148, Robbins v. California

    ...California , 395 U.S. 752 (1969), determines in principle the scope of a warrantless search incident to arrest, practical necessity ... See, e.g, Steagald v. United States , 451 U.S. 204, 222 (1981). But this casual assumption ...

  • 995 F.2d 964 (10th Cir. 1993), 92-6070, United States v. Wicks

    ...Aquino, 836 F.2d 1268, 1272 (10th Cir.1988); see also Steagald v. United States, 451 U.S. 204, 215, 101 S.Ct. 1642, 1649, 68 L.Ed.2d 38 ..."Because '[i]t is a "basic principle of Fourth Amendment law" that searches and seizures inside a home without ...

  • 835 F.3d 13 (1st Cir. 2016), 15-1495, United States v. Young

    Defendant entered a conditional guilty plea to conspiracy to distribute and possess with intent to distribute twenty-eight grams or more of cocaine base and possession of a firearm in furtherance of a drug trafficking crime. Defendant appealed, arguing that the district court erred in denying his motion to suppress evidence obtained by law enforcement officers while executing a warrant for his...

    ... is directed[,] .. [i]t is a basic principle of Fourth. Amendment law that searches and seizures inside a home. ...573, 100 S.Ct. 1371, 63. L.Ed.2d 639 (1980) applies— not Steagald v. United. States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38. ...