steagald principle

171 results for steagald principle

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  • 531 F.3d 642 (8th Cir. 2008), 07-2920, United States v. Kent

    ... See Steagald v. United States, 451 U.S. 204, 213, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...414, 444, 64 S.Ct. 660, 88 L.Ed. 834 (1944) (“No procedural principle is more familiar to this Court than that a constitutional right may be ...

  • 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. ...

  • Crime, surveillance, and communities.

    ..., this issue has prompted Randall Kennedy to argue that "the principle injury suffered by African-Americans in relation to criminal matters is ...United States, 365 U.S. 505, 511 (1961))); Steagald v. United States, 451 U.S. 204, 211-12 (1981) (requiring a search warrant ...

  • 647 F.2d 818 (8th Cir. 1981), 80-1930, United States v. Bruton

    ...agents would be looking for him. The principle of United States v. Smith, supra, controls this issue. One party is ... home of a third party without first obtaining a search warrant. Steagald v. United States, -- U.S. --, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981). ...

  • 385 F.3d 288 (3rd Cir. 2004), 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 ...

  • 580 F.3d 949 (9th Cir. 2009), 06-36059, al-Kidd v. Ashcroft

    ...2727, 73 L.Ed.2d 396 (1982)). " [I]f application of the principle is unclear, the defendant simply loses," and receives only the default of ... at 554, 98 S.Ct. 1970 (emphasis added); see also Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981) ...

  • 963 F.2d 585 (3rd Cir. 1992), 92-5105, United States v. Santtini

    ... arrest warrant and that its order violated separation of powers principles. The district court agreed that the warrant was valid and that there was ...Steagald v. United States, 451 U.S. 204, 212, 101 S.Ct. 1642, 1647, 68 L.Ed.2d 38 ...

  • WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING.

    ...) As a National Institute of Justice study explained, the four principles of community policing are "community-based crime prevention, reorientation .... (102.) Steagald v. United States, 451 U.S. 204, 213-14 (1981) (holding that, absent ...

  • United States v. Kern, 070209 FED4, 08-4874

    ...Steagald v. United States, 451 U.S. 204 (1981), it was improper for law enforcement ...          "It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a ...

  • 659 F.3d 527 (6th Cir. 2011), 08-6465, United States v. Richards

    ... at 958; see also Steagald v. United States, 451 U.S. 204, 220, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981) ... 9 and, instead, have employed the Fourth Amendment's bedrock principle of reasonableness on a case-by-case basis: " While officers must be clear ...

  • 818 F.3d 988 (10th Cir. 2016), 13-7082, United States v. Carloss

    Ashley Stephens, an agent with the federal Bureau of Alcohol, Tobacco and Firearms, received several tips that defendant-appellant Ralph Carloss, a previously convicted felon, was unlawfully in possession of a firearm, possibly a machine gun, and was selling methamphetamine. In order to investigate these tips, Agent Stephens, along with Tahlequah, Oklahoma police investigator Elden Graves, went...

    ... knowledge of the equally well-established principle that one. may generally enter the curtilage to knock. A reasonable. ... See Steagald v. United States, 451 U.S. 204, 211, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • 362 F.3d 60 (1st Cir. 2004), 02-1757, United States v. Beaudoin

    ...1284, 1290-91, 157 L.Ed.2d 1068 (2004); Steagald v. United States, 451 U.S. 204, 211-12, 101 S.Ct. 1642, 68 L.Ed.2d 38 ..." and thus "distort[ing] the 'totality of the circumstances' principle, by replacing a stress on revealing facts with resort to pigeonholes." ...

  • 898 F.2d 1034 (5th Cir. 1990), 89-4164, United States v. Kye Soo Lee

    ...383, 398, 34 S.Ct. 341, 346, 58 L.Ed. 652 (1914). This principle has become widely referred to in constitutional jurisprudence as the ...' invitation to apply the holding of the Supreme Court in Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), to ...

  • 965 F.2d 1248 (3rd Cir. 1992), 91-2071, United States v. Acosta

    ...367, 368-69, 92 L.Ed. 436 (1948). Thus, a basic principle of Fourth Amendment law is that warrantless searches and seizures inside a ...Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981). ...

  • 698 F.2d 448 (D.C. Cir. 1983), 82-1247, United States v. Robinson

    ... of electronically obtained evidence, we shall be guided by the principle implicit in the above opinions--"that violations of even these central ...         In Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), the ...

  • 789 F.3d 434 (4th Cir. 2015), 13-1605, Yanez-Marquez v. Lynch

    Petitioner, a native and citizen of El Salvador, seeks review of the BIA's decision dismissing her appeal from an IJ's order of removal. At issue is the IJ's denial of petitioner's motion to suppress certain evidence and to terminate the removal proceeding. The court held that the exclusionary rule applies to egregious violations of the Fourth Amendment. The court joined the Second, Third, and...

    ... of this standard, the Oliva-Ramos court discerned " guiding principles" from the Second Circuit's decision in Almeida-Amaral. Id . First, " ... Steagald v. United States, 451 U.S. 204, 220, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • U.S. v. Myers, 101102 FED3, 01-3016

    ... serves to protect an individual from an unreasonable seizure." Steagald v. United States, 451 U.S. 204, 213 (1981). However, the probable cause ... discussion of the pertinent facts and the applicable legal principles . . .". Id. at 48. However, nowhere does the district court so much as ...

  • 446 F.3d 483 (3rd Cir. 2006), 4-1732, Couden v. Duffy

    ... Steagald v. United States, 451 U.S. 204, 211, 101 S.Ct. 1642, 68 L.Ed.2d 38 ... law sufficiently established in 2002 to recognize the "general principle that pointing a gun to the head of an apparently unarmed suspect during an ...

  • 700 F.3d 845 (6th Cir. 2012), 10-6462, Andrews v. Hickman County, Tennessee

    ... other than the one being considered to demonstrate that a principle has been clearly established." Ohio Civ. Serv. Emps. Ass'n v. Seiter, ...573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), and Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), to ...

  • 452 F.3d 1140 (9th Cir. 2006), 05-50092, United States v. Adjani

    ... possessions against the unjustified intrusion of the police." Steagald v. United States, 451 U.S. 204, 213, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...2006) (en banc) ("Employing the principles of Gates-- practicality, common sense, a fluid and nontechnical ...

  • 765 F.3d 373 (3rd Cir. 2014), 13-2025, United States v. Mallory

    Mallory and Ismail, employed as emergency medical technicians, were visiting the Philadelphia home of Delaine, their mother. At about 2:30 a.m. they were standing with friends in front of a neighbor’s home. Officer Enders approached, shined a spotlight, and ordered them to disperse. Although they complied, Ismail cursed Enders, who detained Ismail for a few minutes before releasing him. Ismail...

    ... is a need " to control and clarify the development of legal principles" through the " collective judgment" of appellate courts, de novo review is ...." Coles , 437 F.3d at 365 (emphasis in original) (citing Steagald v. United States , 451 U.S. 204, 211, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • 656 F.3d 1198 (10th Cir. 2011), 10-7005, Mascorro v. Billings

    ...           " It is a basic principle of Fourth Amendment law that searches and . . seizures inside a home ... Steagald v. United States, 451 U.S. 204, 222, 101 S.Ct. 1642, 68 L.Ed.2d 38 ...

  • 50 F.3d 950 (11th Cir. 1995), 93-9298, Hartsfield v. Lemacks

    ... the incident in this case it was well-established as "a 'basic principle of Fourth Amendment law' that searches and seizures inside a home without ...Bonner was decided prior to the Supreme Court's decision in Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981), in ...

  • 942 F.2d 257 (4th Cir. 1991), 90-2660, Torchinsky v. Siwinski

    ...         The significance of these principles for this lawsuit is clear. In determining whether Siwinski is entitled to ... essential "checkpoint between the Government and the citizen." Steagald v. United States, 451 U.S. 204, 212, 101 S.Ct. 1642, 1648, 68 L.Ed.2d 38 ...

  • Zuniga-Perez v. Sessions, 072518 FED2, 17-996

    The Second Circuit granted a petition for review of the BIA's decision affirming the IJ's denial of petitioners' motions to suppress evidence relating to their immigration status obtained by law enforcement agents during a nighttime search of their residence. The court held that petitioners made a sufficient showing of an egregious constitutional violation to warrant an evidentiary hearing and...

    ... general principle that the exclusionary rule does not apply. to removal proceedings. ... 181 (quoting Steagald v. United States, 451 U.S. 204, 211 (1981)). The Fourth Amendment ...