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· 3/23/2010

United States v. Polouizzi

Citations

  • 697 F. Supp. 2d 381
  • 2010 U.S. Dist. LEXIS 27743
  • 2010 WL 1048192

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Adam Walsh Amendments, in categorically preventing an individualized determination of risk, “provide [ ] near certainty of erroneous deprivation of defendant’s liberty interest”
  • holding that requirement that all individuals under arrest for child pornography charges be required to undergo electronic monitoring as a condition of pre-trial release unconstitutional as applied
  • \The right to travel from one place to another free of hindrances is a well established aspect of constitutionally protected private freedom.\
  • “In an as-applied challenge, the question is whether the statute would be unconstitutional if applied literally to the facts of the case ... Factual context and defendant’s circumstances are critical.”
  • “Bail conditions are unconstitutionally excessive if they impose restraints that are more than necessary to achieve the government’s interest!,] ... preventing risk of flight and danger to society or children.”
  • \[T]here is no statistical foundation for a finding of risk.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Jack B. Weinstein

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.