U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

November 2015 Archives

Exclusionary Rule Exceptions Alive and Well in 1st Cir

Not all fruit that falls from a "poisoned" tree is without use, a recent First Circuit case reminds us. The First Circuit rejected Marcia Garcia-Aguilar's petition for review and affirmed the Bureau of Immigration Appeals' (BIA) and an Immigration Judge's finding that use of her birth certificate in establishing her alienage was not a violation of her Fourth Amendment right against unlawful search.

Garcia's case is a gentle reminder that the "fruit of the poisonous tree" doctrine is not an absolute bar to evidence that may have been improperly obtained.

SCOTUS Rejects 1st Cir. Planned Parenthood Case

SCOTUS decided to let stand a First Circuit decision to shield Planned Parenthood documents from an anti-abortion group. Customarily, SCOTUS did not give any reasoning for its decision.

Conservative justices Clarence Thomas and Antonin Scalia both dissented. They stated that confusion in the lower courts over the federal Freedom of Information Act should get SCOTUS review.

1st Circuit Rules Against Ex-Gun Owners in Gov't Fee Levying Case

The case of Jarvis v. Village Vault was decided by the First Circuit last week in favor of the Massachusetts business, Village Vault.

The legal issue revolves around how much government entanglement is needed in order to turn a seemingly private entity into an arm of the government thereby triggering due process concerns.