green
Positive treatment
Quoted verbatim 1×
11.5 score
G Cite
cited 2× by 1 distinct case, last quoted 1975 ·
…minimization is . . . one element of the composite group of statutory safeguards included in the act.
⚠ not in text
cited 2× by 1 distinct case, last quoted 1975 ·
…minimization is ... one element of the composite group of statutory safeguards included in the act.
⚠ not in text
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974
2000
2026
Top citers, strongest first. 29 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Spease and Ross v. State
(4×)
minimization is . . . one element of the composite group of statutory safeguards included in the act.
discussed
Cited "see"
United States v. Zemlyansky
(2×)
See United States v. Bynum, 485 F.2d 490, 500 (2d Cir.1973) (“eliminating] [] from consideration” the minimization requirement for calls of two minutes in length or less in a case involving “wide-ranging criminal activity”), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974); see also United States v. Capra, 501 F.2d 267, 275-76 (2d Cir.1974) (“Although the trial court’s analysis of these interceptions revealed that many non-pertinent calls had been intercepted, a vast majority of these did not exceed two minutes, ‘too brief a period for a…
discussed
Cited "see"
United States v. King
(2×)
See United States v. Bynum, 485 F.2d 490, 500 (2d Cir.1973), vacated on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974); see also United States v. Armocida, 515 F.2d 29, 45 (3d Cir.), cert. denied, 423 U.S. 858 , 96 S.Ct. 111 , 46 L.Ed.2d 84 (1975); United States v. Capra, 501 F.2d 267, 275 (2d Cir.1974), cert. denied, 420 U.S. 990 , 95 S.Ct. 1424 , 43 L.Ed.2d 670 (1975).
discussed
Cited "see"
People v. Rawlings
The testimony of an Assistant District Attorney who related that the robbery victim had previously identified the defendant at a corporeal lineup was not improperly received since the victim was unable to identify the defendant at trial (CPL 60.25; see, People v Nival, 33 NY2d 391 , appeal dismissed and cert denied 417 US 903 ).
discussed
Cited "see"
United States v. Murad Nersesian
(2×)
See United States v. Bynum, 485 F.2d 490, 495-97 (2d Cir.1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
examined
Cited "see"
United States v. Michael Nixon
(4×)
See United States v. Bynum, 485 F.2d 490, 503 (2d Cir.1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 modified, 386 F.Supp. 449 (1974), aff'd, 513 F.2d 533 , cert. denied, 423 U.S. 952 , 96 S.Ct. 357 , 46 L.Ed.2d 277 (1975); United States v. Burton, 525 F.2d 17, 19-20 (2d Cir.1975); United States v. Bell, 500 F.2d 1287, 1289 (2d Cir.1974).
examined
Cited "see"
State v. Pottle
(3×)
See, United States v. Bynum, 475 F.2d 832, 837 , aff'd 485 F.2d 490 (2nd Cir.1973), vacated on other grounds 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974), aff'd 513 F.2d 533 (2nd Cir.), cert. den. 423 U.S. 952 , 96 S.Ct. 357 , 46 L.Ed.2d 277 (1975); State v. Dye, 60 N.J. 518, 528-29 , 291 A.2d 825, 830 , cert. den. 409 U.S. 1090 , 93 S.Ct. 699 , 34 L.Ed.2d 675 (1972).
examined
Cited "see"
United States v. Aaron Watson, Robert Whitley, and John Muse
(4×)
See generally United States v. Bynum, 485 F.2d 490 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (2d Cir. 1973), Vacated and remanded, 417 U.S. 903 (1974).
discussed
Cited "see"
United States v. Samuel S. Smith and Grover Lamar Lee, A/K/A Poss
(2×)
See United States v. Bynum, 2 Cir., 1973, 485 F.2d 490, 497 , vacated on other grounds, 1974, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 , jdgmt. reinstated, 1975, 2 Cir., 513 F.2d 533 , cert. denied, 423 U.S. 952 , 96 S.Ct. 357 , 46 L.Ed.2d 277 , in which the Court gave the following instruction among others: If you decide that the charged conspiracy existed between any of the defendants, you must then decide as to each defendant individually whether he or she joined the conspiracy with knowledge of either one or both of its purposes as alleged in the indictment. 36 .
discussed
Cited "see"
United States v. Jose Nunez
See United States v. Pisacano, 459 F.2d 259 , 261 n. 1 (2d Cir. 1972), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2597 , 41 L.Ed.2d 208 (1974) (for both defendants receiving split sentences, suspended sentence greater than term of probation). 3 .
discussed
Cited "see"
United States v. James Panebianco
(2×)
See United States v. Bynum, 485 F.2d 490, 495 (2d Cir. 1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see"
United States v. Victor Leong
(2×)
See United States v. Bynum, 485 F.2d 490, 495 (2d Cir.1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
cited
Cited "see"
United States v. Henry Floyd Box
See United States v. Becker, 2 Cir. 1972, 461 F.2d 230, 232 , vacated and remanded on other grounds, 1974, 417 U.S. 903 , 94 S.Ct. 2597 , 41 L.Ed.2d 208 . 13 .
cited
Cited "see"
White v. Roughton
See Pregent v. New Hampshire Dept. of Employment Sec., 361 F.Supp. 782, 793-94 (D.N.H.1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2595 , 41 L.Ed.2d 207 (1974).
cited
Cited "see"
White v. Roughton
See Pregent v. New Hampshire Dept. of Employment Sec., 361 F.Supp. 782 , 793--94 (D.N.H.1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2595 , 41 L.Ed.2d 207 (1974).
discussed
Cited "see"
United States v. Frank Cotroni and Frank Dasti
(2×)
See United States v. Bynum, 485 F.2d 490, 493-94 (2d Cir. 1973), vacated and remanded, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974), rehearing on remand, 386 F.Supp. 449 (S.D.N.Y.1974), aff’d, 513 F.2d 533 (2d Cir. 1975).
discussed
Cited "see"
United States v. Richard Barry
(2×)
See United States v. Bynum, 485 F.2d 490, 503 (2d Cir. 1973), vacated on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974); United States v. DeKunchak, 467 F.2d 432, 436 (2d Cir. 1972). 4 Barry objected at trial to the admission of the confession, and to Judge Blumenf eld’s refusal to charge the jury to ignore any admission made under duress.
discussed
Cited "see"
People v. Morales
Even then, pursuant to statute (CPL 60.25), a witness to an identification by another is permitted to give evidence in chief as to the original identification where the "identifying witness is unable to make an identification at trial.” (People v Lagana, 36 NY2d 71, 74 ; see People v Nival, 33 NY2d 391 , cert den 417 US 903 ; Sobel, 38 Brooklyn L Rev 261, 286.) At trial, Detective Webster identified Morales without regard to his later viewing of him at the station house.
discussed
Cited "see"
United States v. Armocida
(2×)
See United States v. Falcone, 364 F.Supp. 877 (D.N.J.1973), aff'd, 505 F.2d 478 (3d Cir. 1974). 37 Although statistical details of wire intercepts are by no means determinative on the issue of minimization, see, e. g., United States v. Bynum, 485 F.2d 490, 502 (2d Cir. 1973), vacated on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974), they do provide a starting point for our analysis of the government's conduct in monitoring conversations.
discussed
Cited "see"
United States v. Carmine Tramunti
(2×)
Wigmore, Evidence § 88 (3d ed. 1940) at 516; see United States v. Bynum, 360 P.Supp. 400, 419 (S.D.N.Y.), aff’d, 485 F.2d 490 (2d Cir. 1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
examined
Cited "see"
United States v. Frank R. Scott United States of America v. Bernis L. Thurmon
(4×)
also: Cited "see, e.g."
See United States v. Bynum, 485 F.2d 490, 500 (2d Cir. 1973), vacated on other grounds, 417 U. S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see, e.g."
United States v. Funderburk
(2×)
Scott, 436 U.S. at 141-42 , 98 S.Ct. 1717 ; See also United States v. Bynum, 485 F.2d 490, 501 (2d Cir.1973) (in large scale drug conspiracy case, conversations under two minutes “would be too brief a period for an eavesdropper even with experience to identify the caller and characterize the conversation as merely social or possibly tainted”), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see, e.g."
United States v. Pierce
(2×)
Scott, 436 U.S. at 141-42 , 98 S.Ct. 1717 ; see also United States v. Bynum, 485 F.2d 490, 501 (2d Cir.1973) (in large scale drug conspiracy case, conversations under two minutes “would be too brief a period for an eavesdropper even with experience to identify the caller and characterize the conversation as merely social or possibly tainted”), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see, e.g."
United States v. Mullen
(2×)
Scott, 436 U.S. at 141-42 , 98 S.Ct. 1717 ; See also United States v. Bynum, 485 F.2d 490, 501 (2d Cir.1973) (in large scale drug conspiracy case, conversations under two minutes “would be too brief a period for an eavesdropper even with experience to identify the caller and characterize the conversa *537 tion as merely social or possibly tainted”), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see, e.g."
United States v. Gregory M. Thomas
(2×)
Beasley v. United States, 469 U.S. 1188 , 105 S.Ct. 957 , 83 L.Ed.2d 964 (1985); see also United States v. Bynum, 485 F.2d 490, 496 (2d Cir.1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see, e.g."
United States v. Moriarty
(2×)
See also United States v. Bynum, 360 F.Supp. 400, 408 (S.D.N.Y.) (finding that the term intercept under 18 U.S.C. § 2510 (4), as then defined, equates with "listening to, monitoring, or hearing”), aff 'd, 485 F.2d 490 (2d Cir.1973), vacated on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974); Smith v. Wunker, 356 F.Supp. 44, 46 (S.D.Ohio 1972) (noting that the common understanding of “aural acquisition" means "to come into possession through the sense of hearing”); Steve Jackson Games, Inc. v. United States Secret Service, 36 F.3d 457, 461 *220 (5th Cir.1994) (definin…
cited
Cited "see, e.g."
United States v. Lilla
See also United States v. Bynum, 485 F.2d 490, 501 (2d Cir. 1973), vacated on other grounds, 417 U.S. 903 , 94 S.Ct. 2958 , 41 L.Ed.2d 209 (1974).
discussed
Cited "see, e.g."
United States v. John McClean
(2×)
See, e. g., United States v. Bynum, 485 F.2d 490 (2d Cir. 1973), vacated and remanded on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974); United States v. Arroyo, 494 F.2d 1316 (2d Cir.), cert. denied, 419 U.S. 827 , 95 S.Ct. 46 , 42 L.Ed.2d 51 (1974); United States v. Sperling, 506 F.2d 1323, 1340-43 (2d Cir. 1974).
discussed
Cited "see, e.g."
United States v. Frank Ricardo Scott, A/K/A \Reds
(2×)
See, e. g., United States v. Bynum, 485 F.2d 490 (2d Cir. 1973), vacated on other grounds, 417 U.S. 903 , 94 S.Ct. 2598 , 41 L.Ed.2d 209 (1974); The record here discloses that out of 2058 completed phone calls, 1277 of them (more than half) were completed in less than 2 minutes.
Retrieving the full opinion text from the archive…
Bynum
v.
United States
v.
United States
No. 73-856.
Supreme Court of the United States.
May 28, 1974.
Chavez, Douglas, Giordano, Would.
Cited by 109 opinions | Published
Citer courts: Court of Appeals of Maryland (4)
C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of United [*904] States v. Giordano, 416 U. S. 505 (1974).
Mr. Justice Douglas would reverse the judgment. United States v. Giordano, 416 U. S. 505, 580 (1974) (Douglas, J., concurring), and United States v. Chavez, 416 U. S. 562, 580 (1974) (Douglas, J., concurring in part and dissenting in part).