· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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