green
Positive treatment
Quoted verbatim 1×
8.9 score
“once an item in an individual's possession has been lawfully seized and searched, subsequent searches of that item, so long as it remains in the legitimate uninterrupted possession of the police, may be conducted without a warrant”
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 25 distinct citers.
examined
Cited as authority (quoted)
Williams v. Commonwealth
once an item in an individual's possession has been lawfully seized and searched, subsequent searches of that item, so long as it remains in the legitimate uninterrupted possession of the police, may be conducted without a warrant
discussed
Cited "see"
John v. Nusbaum
See United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.) cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983) (holding that warrantless second search following a lawful initial search did not violate Fourth Amendment).
discussed
Cited "see"
United States v. Diego Angel Olvera, AKA \Taco
See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.), cert. denied, 461 U.S. 936 (1983) (appellate court can affirm on any basis supported by the record). 10 Olvera cites an Eleventh Circuit case, United States v. Jones, 899 F.2d 1097 (11th Cir.), cert. denied, 498 U.S. 906 (1990), for the proposition that a district court commits reversible error when, following the imposition of sentence, it fails to elicit fully articulated objections to the court's ultimate findings of fact and conclusions of law.
discussed
Cited "see"
United States v. Jose Arias-Mendez
See United States v. Burnette, 698 F.2d 1038 , 1047 n.17 (9th Cir.) (officer's detention and questioning of passenger was reasonable when based upon another police department's information regarding a bank robbery), cert. denied, 461 U.S. 936 (1983).
discussed
Cited "see"
United States v. Alton Clark Bingham
See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.) (appellate court may affirm on any basis finding adequate support in the record), cert. denied, 461 U.S. 936 (1983). 24 We deny as moot Bingham's motion for bail pending appeal. 25 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed
Cited "see"
United States v. Vernon Leroy Rich
See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.) (appellate court may affirm on any basis finding adequate support in the record), cert. denied, 461 U.S. 936 (1983). 8 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed
Cited "see"
United States v. Darrell B. Warren
See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.) (appellate court may affirm on any basis finding adequate support in the record), cert. denied, 461 U.S. 936 (1983). 9 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed
Cited "see"
United States v. Jairo Alberto Palacios
See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.) (appellate court may affirm on any basis finding adequate support in the record), cert. denied, 461 U.S. 936 (1983). 10 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
discussed
Cited "see"
United States v. Keith Wiley, United States of America v. Keith E. Wiley
See United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.), cert. denied, 461 U.S. 936 (1983); see also United States v. Holzman, 871 F.2d 1496, 1505 (9th Cir.1989). 9 The Fourth Amendment protects only reasonable expectations of privacy, which may be effectively destroyed by a valid search at the time of arrest.
discussed
Cited "see"
United States v. Rodney Lee Morgan
(2×)
See United States v. Burnette, 698 F.2d 1038, 1048 (9th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983).
discussed
Cited "see"
United States v. Helder C. Simas
See Burnette, 698 F.2d at 1051 (officer’s opinion that defendant was removing license plates from car), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983); United States v. De Peri, 778 F.2d 963, 977-78 (3d Cir.1985) (witness testifies to understanding of defendant’s ambiguous references and unfinished sentences), cert. denied, 475 U.S. 1110 , 106 S.Ct. 1518 , 89 L.Ed.2d 916 (1986).
discussed
Cited "see"
United States v. Provencio-Durazo
See United States v. Burnette, 698 F.2d 1038, 1048 (CA9) (appellate court may affirm on any basis finding adequate support in the record), cert. denied, 461 U.S. 936 (1983). 5 AFFIRMED. * The panel unanimously agrees that this case is suitable for submissionwithout oral argument per FRAP 34(a) and CA9 Rule 34-4 ** This disposition is not appropriate for publication andmay not be cited to or by the courts of this Circuit except as provided by CA9 Rule 36-3
discussed
Cited "see"
United States v. Richard Moskowitz
See United States v. Burnette, 698 F.2d 1038, 1047-48 (9th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983); cf. Nordling, 804 F.2d at 1470 (no reassertion of interest in abandoned bag where defendant admitted leaving bag on plane “in circumstances in which it was virtually certain that the bag would be opened, inspected and turned over to law enforcement authorities before he could possibly attempt to reexert physical control”).
cited
Cited "see"
United States v. Alexander Robert Holzman, United States of America v. James Walsh
See United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983).
discussed
Cited "see"
Roulette Blair v. Daniel J. McCarthy
See United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983) (appellate court may affirm the district court on any basis fairly presented by record that, as a matter of law, sustains the judgment).
discussed
Cited "see"
United States v. Richard Angelo Calabrese and Carol Ann Calabrese, United States of America v. Terry A. Logan
See United States v. Johnson, 820 F.2d 1065, 1072 (9th Cir.1987) (“ ‘once an item in an individual’s possession has been lawfully seized and searched, subsequent searches of that item, so long as it remains in the legitimate uninterrupted possession of the police, may be conducted without a warrant.’ ”), quoting United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983).
cited
Cited "see"
United States v. Williams
See United States v. Sockwell, 699 F.2d 213, 217-18 (5th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 311 (1983).
cited
Cited "see"
United States v. Williams
See United States v. Sockwell, 699 F.2d 213, 217-18 (5th Cir.), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 311 (1983).
discussed
Cited "see"
L.C.D. v. District of Columbia Ex Rel. T.-A.H.D.
See Taylor v. United States, 451 A.2d 859, 866 (D.C.1982), cert. denied, 461 U.S. 936 , 103 S.Ct. 2105 , 77 L.Ed.2d 311 (1983); Smith v. United States, 389 A.2d 1356, 1358 (D.C.), cert. denied, 439 U.S. 1048 , 99 S.Ct. 726 , 58 L.Ed.2d 707 (1978).
discussed
Cited "see, e.g."
State v. Munro
See, e.g., United States v. Burnette, 698 F2d 1038, 1049 (9th Cir), cert den, 461 US 936 (1983) (holding that, “once an item in an individual’s possession has been lawfully seized and searched, subsequent searches of that item, so long as it remains in the legitimate uninterrupted possession of the police, maybe conducted without a warrant”); People v. Stewart, 293 NE2d 169 (Ill App 1973); Rudolph v. Commonwealth, 474 SW2d 376 (Ky App 1971); MacLaird v. State, 718 P2d 41 (Wyo 1986); see also Searches and Seizures, 79 CJS 42-43 § 23 (1995).
discussed
Cited "see, e.g."
People v. Bryant
Count two required proof that, in the course of committing the robbery of a Federally insured institution, defendants assaulted or put in jeopardy the life of any person by the use of a dangerous weapon (see, 18 USC § 2113 [d]; United States v Nelson, 574 F2d 277, cert denied 439 US 956 ; see also, United States v Burnette, 698 F2d 1038 [use of a gun in the commission of the robbery was an essential element of the offense under § 2113 (d)], cert denied 461 US 936 ; 2 Federal Jury Practice and Instructions [Criminal] § 49.05, at 742; § 49.06, at 744-749; Pattern Criminal Jury Instructions, …
discussed
Cited "see, e.g."
United States v. Henning
United States v. Lepanto, 817 F.2d 1463, 1467 (10th Cir.1987); 18 U.S.C. § 8 ; see, e.g., United States v. Burnette, 698 F.2d 1038, 1051-52 (9th Cir.) (reviewing evidence to determine whether the defendant had the requisite knowledge), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983).
discussed
Cited "see, e.g."
United States v. Gomez-Pabon
See Albernaz v. United States, 450 U.S. 333 , 101 S.Ct. 1137 , 67 L.Ed.2d 275 (1981) (convictions for conspiracy to import marijuana and conspiracy to distribute marijuana warrant consecutive sentences even though the violations arose from a single agreement with dual objectives); United States v. Davis, 809 F.2d 1194, 1205-06 (6th Cir.), cert. denied, 483 U.S. 1007 , 107 S.Ct. 3234 , 3235, 97 L.Ed.2d 740 (1987); see also United States v. Sockwell, 699 F.2d 213, 217 (5th Cir.) (conspiracy to possess marijuana with intent to distribute and conspiracy to import marijuana are separate crimes with…
discussed
Cited "see, e.g."
People v. Boff
(2×)
See, e.g., United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir.) (search of purse seized at police station), cert. denied, 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 312 (1983); cf. United States v. Johns, 469 U.S. 478, 487 , 105 S.Ct. 881, 887 , 83 L.Ed.2d 890 (1984) (warrantless search of packages in automobile three days after arrest upheld under automobile exception because packages could have been searched at time of arrest without a warrant).
discussed
Cited "see, e.g."
United States v. Thomas E. Byrd
See, e.g., United States v. Sockwell, 699 F.2d 213, 217 (5th Cir.1983), cert. denied 461 U.S. 936 , 103 S.Ct. 2106 , 77 L.Ed.2d 311 (1983); Little Rock School District v. Borden, Inc., 632 F.2d 700, 705 (8th Cir.1980); United States v. Bianco, 534 F.2d 501, 509, n. 11 (2d Cir.1976), cert. denied 429 U.S. 822 , 97 S.Ct. 73 , 50 L.Ed.2d 84 (1976).
Sesso
v.
Cuyler, Superintendent, State Correctional Institution
v.
Cuyler, Superintendent, State Correctional Institution
No. 82-6504.
Supreme Court of the United States.
May 16, 1983.
Published
Citer courts: Supreme Court of Virginia (1)
C. A. 3d Cir. Certiorari denied.