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Quoted verbatim 3×
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G Cite
cited 2× by 2 distinct cases ·
…e decline to hold that the rule in brasfield is of constitutional dimension.
⚠ not in text
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 34 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Labat
But see United States v. Tol-bert, 692 F.2d 1041 (6th Cir.1982), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983) (where defendant’s disclaimer of luggage not precipitated by improper conduct on part of agents, subsequent search of suitcase did not violate Fourth Amendment).
discussed
Cited as authority (quoted)
State v. Lewis
e decline to hold that the rule in brasfield is of constitutional dimension.
discussed
Cited as authority (quoted)
State v. Lewis
e decline to hold that the rule in brasfield is of constitutional dimension.
discussed
Cited as authority (quoted)
Whitfield v. BD. OF CTY. COM'RS OF EAGLE CTY.
satisfying the drug courier profile does not, standing alone, justify a seizure.
discussed
Cited as authority (rule)
United States v. Reginald Gary Davis
The Tolbert court held that she could "hardly assert that she 'exhibited an actual (subjective) expectation of privacy' respecting the luggage when she specifically disclaimed ownership thereof." Id. at 1045. 12 Defendant, however, argues that his disclaimer of an interest in the room did not constitute an abandonment because defendant was faced with the dilemma of either disclaiming any interest in the room, and separating himself from its incriminating contents, or acknowledging that it was his room, which made him responsible for its contents.
discussed
Cited "see"
Joey Leon Smith v. Jeff Thornburg, Kenneth Slagle, Chris Line, Jim Claiborne, Ron Trentham, Mark Fortner, and the City of Knoxville, Tennessee
See United States v. Tolbert, 692 F.2d 1041, 1044 (6th Cir.1982) (quoting Rakas v. Illinois, 439 U.S. 128, 143 , 99 S.Ct. 421, 430 , 58 L.Ed.2d 387 (1978)), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983).
discussed
Cited "see"
Smith v. Thornburg
See United States v. Tolbert, 692 F.2d 1041, 1044 (6th Cir.1982) (quoting Rakas v. Illinois, 439 U.S. 128, 143 , 99 S.Ct. 421, 430 , 58 L.Ed.2d 387 (1978)), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983).
discussed
Cited "see"
Timothy Joseph Severson v. Charles D. Marshall, Warden
See Locks v. Sumner, 703 F.2d 403, 407-08 (9th Cir.), cert. denied, 464 U.S. 933 (1983). 6 Severson contends that California Jury Instruction, Criminal No. 2.15 (CALJIC 2.15), as given by the trial court, allowed the jury to infer that he was guilty of forcible rape, forcible sodomy, foreign object rape, and burglary based upon the possession of recently stolen property and other corroborating evidence, and thus relieved the prosecution of its burden of proof.
cited
Cited "see"
Jacek Jerzy Gabryelski v. Vernon Smith, Warden Attorney General of California
See Locks v. Sumner, 703 F.2d 403, 408 (9th Cir.), cert. denied, 464 U.S. 933 (1983); Abell v. Raines, 640 F.2d 1085, 1088 (9th Cir.1981); Mack, 564 F.2d at 902 .
cited
Cited "see"
Joseph S. Greene v. James McFadden Warden
See Locks v. Sumner, 703 F.2d 403, 408 (9th Cir.), cert. denied, 464 U.S. 933 (1983).
cited
Cited "see"
United States v. Douglas Dale Kienenberger, United States of America v. Douglas Dale Kienenberger
See Locks v. Sumner, 703 F.2d 403, 407-08 (9th Cir.1983), cert. denied, 464 U.S. 933 , 104 S.Ct. 338 , 78 L.Ed.2d 307 (1983).
discussed
Cited "see"
Conowal v. United States
See United States v. Rollins, 699 F.2d 530, 534 (11th Cir.) ___ _____________ _______ (holding that search of aircraft fell within automobile exception to warrant requirement), cert. denied, 464 U.S. 933 ____________ (1983); Brennan, 538 F.2d at 721-22 (same); cf. Zurosky, 614 _______ ___ _______ F.2d at 789-90 (same regarding boat). -6- CONCLUSION __________ Given the fact that the cocaine most likely would have been admissible at trial, combined with the almost certain admissibility of Conowal's pre-arrest statement, we do not think that counsel was remiss in not filing a motion to suppress.
discussed
Cited "see"
Conowal v. United States
See United States v. Rollins, 699 F.2d 530, 534 (11th Cir.) (holding that search of aircraft fell within automobile exception to warrant requirement), cert. denied, 464 U.S. 933 (1983); Brennan, 538 F.2d at 721-22 (same); cf. Zurosky, 614 F.2d at 789-90 (same regarding boat).
discussed
Cited "see"
United States v. Baldwin Fitzroy Clevy
See United States v. Tolbert, 692 F.2d 1041, 1045 (6th Cir.1982) (quoting United States v. Miller, 589 F.2d 1117, 1131 (1st Cir.1978)), cert. denied, 464 U.S. 933 (1983); United States v. Knox, 839 F.2d 285, 293 (6th Cir.1988), cert. denied, 490 U.S. 1019 (1989).
cited
Cited "see"
Commonwealth v. Molino
See Locks v. Sumner, 703 F.2d 403, 407 (9th Cir.), cert. denied, 464 U.S. 933 (1983).
cited
Cited "see"
State v. Matiyosus
See State v. Allard, 123 N.H. 209, 213 , 459 A.2d 259, 262 , cert. denied, 464 U.S. 933 (1983).
cited
Cited "see"
Blumenthal v. G-K-G Inc.
See Burns v. Equitable Life Assurance Soc’y of U.S., 696 F.2d 21, 23-24 (2d Cir.1982), ce rt. denied, 464 U.S. 933 , 104 S.Ct. 336 , 78 L.Ed.2d 306 (1983).
discussed
Cited "see"
State v. MacDonald
See State v. Allard, 123 N.H. 209, 213 , 459 A.2d 259, 262 , cert. denied, 464 U.S. 933 (1983). ‘Once the police procedures are shown to be unnecessarily suggestive, the State must prove that the identification was nonetheless reliable by clear and convincing evidence.’ Id.” State v. Howe, 129 N.H. 120, 123 , 523 A.2d 94, 96 (1987) (further citation omitted).
cited
Cited "see"
State v. Howe
See State v. Allard, 123 N.H. 209, 213 , 459 A.2d 259, 262 , cert. denied, 464 U.S. 933 (1983).
cited
Cited "see, e.g."
Noel v. Terrace of St. Cloud, LLC
See, e.g., In re Nat’l Airlines, Inc., 700 F.2d 695 , 698 (11th Cir. 1983) (per curiam), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983).
discussed
Cited "see, e.g."
Neri v. Hornbeak
See Gordon v. Duran, 895 F.2d 610, 613-14 (9th Cir.1990); see also Locks v. Sumner, 703 F.2d 403, 408 (9th Cir.), cert. denied, 464 U.S. 933 , 104 S.Ct. 338 , 78 L.Ed.2d 307 (1983); Mack v. Cupp, 564 F.2d 898, 901 (9th Cir.1977).
cited
Cited "see, e.g."
State v. Hungerford
See, e.g., State v. Allard, 123 N.H. 209, 213 , 459 A.2d 259, 262 , cert. denied, 464 U.S. 933 (1983).
discussed
Cited "see, e.g."
Stanberry v. State
Thus, “[f]ailure to retrieve a checked suitcase from a baggage claims area does not automatically constitute abandonment.” United States v. Rem, 984 F.2d 806, 811 (7th Cir.1993); see also United States v. Tolbert, 692 F.2d 1041 (6th Cir.1982), cert. denied, 464 U.S. 933 , M104 S.Ct. 337, 78 L.Ed.2d 306 (1983).
discussed
Cited "see, e.g."
Wisdom v. State
(2×)
See also Reed v. State, 657 P.2d 662, 665 (Okl.Cr.), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 307 (1983).
discussed
Cited "see, e.g."
United States v. Augustin Gonzalez
New York v. Belton, supra, 453 U.S. at 460 , 101 S.Ct. at 2864 ; United States v. Diaz-Lizaraza, supra, 981 F.2d at 1222; Thomas v. Newsome, 821 F.2d 1550, 1554 (11th Cir.), cert. denied, 484 U.S. 967 , 108 S.Ct. 461 , 98 L.Ed.2d 401 (1987); see also United States v. Rollins, 699 F.2d 530, 534 (11th Cir.) (extending Belton to passenger compartment of private airplane), cert. denied, 464 U.S. 933 , 104 S.Ct. 335 , 78 L.Ed.2d 305 (1983).
discussed
Cited "see, e.g."
Whitfield v. Board of County Commissioners
See also United States v. Tolbert, 692 F.2d 1041, 1047 (6th Cir.1982) cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983) ("Satisfying the drug courier profile does not, standing alone, justify a seizure.”); United States v. Berry, 670 F.2d 583, 600-01 (5th Cir.1982) (“Any checklist of suspicious characteristics cannot be mechanically applied by a court to determine whether a particular search or seizure meets the Supreme Court's standards.
discussed
Cited "see, e.g."
Becky Wallace, Annette Neil v. Dunn Construction Company, Inc.
(2×)
See also In re National Airlines, Inc., 700 F.2d 695, 697 (11th Cir.) (injunction not mandated under Title VII where it is clear that unlawful practice will not recur), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983).
discussed
Cited "see, e.g."
State v. Whittey
See State v. Heald, 120 N.H. 319, 323 , 414 A.2d 1288, 1290 (1980) (holding that the descriptions given by three witnesses were sufficiently accurate, despite the fact that they varied in detail); see also State v. Allard, 123 N.H. 209, 214 , 459 A.2d 259, 262, cert. denied, 464 U.S. 933 (1983) (upholding the trial court’s finding that the identification was reliable where “[t]he inconsistency between the defendant’s appearance and the victim’s description of him was limited to the absence of a moustache and a discrepancy in hair length”).
discussed
Cited "see, e.g."
State v. Whitaker
(2×)
See, e.g., United States v. Tolbert, 692 F.2d 1041, 1045 (6th Cir. 1982) (suspect's disclaimer of ownership of property deemed involuntary when done in response to unconstitutional seizure or arrest), cert. denied, 464 U.S. 933 (1983); Fletcher v. Wainwright, 399 F.2d 62 (5th Cir. 1968) (involuntary abandonment occurred when illegal entry into motel room prompted occupants to jettison stolen jewelry out window).
discussed
Cited "see, e.g."
State v. Marshall
See, e.g., United States v. Tolbert, 692 F.2d 1041 (6th Cir.1982), cert. denied, 464 U.S. 933 , 104 S.Ct. 337 , 78 L.Ed.2d 306 (1983) (While “an unconstitutional seizure or arrest which prompts a disclaimer of property vitiates that act,” id. at 1045, the court found the defendant’s disclaimer was not precipitated by improper conduct.
cited
Cited "see, e.g."
United States v. Larry A. Turnbull
Id; see also Locks v. Sumner, 703 F.2d 403, 407-08 (9th Cir.) cert. denied, 464 U.S. 933 , 104 S.Ct. 338 , 78 L.Ed.2d 307 (1983).
discussed
Cited "see, e.g."
James F. DEMPSEY, Plaintiff-Appellant, v. PACIFIC BELL COMPANY, Et Al., Defendants-Appellees
The conciliation period also allows the EEOC time to file its own suit and thereby supersede the right to a private cause of action. 29 U.S.C. § 626 (c); see also Bums v. Equitable Life Assurance Society, 696 F.2d 21 , 24 (2d Cir.1982), cert, denied, 464 U.S. 933 , 104 S.Ct. 336 , 78 L.Ed.2d 306 (1983) (holding that section 626(c) bars only subsequent private actions and not private actions filed before an EEOC suit).
discussed
Cited "see, e.g."
United States v. Mikal Habeeb Amuny, A/K/A James Anderson, A/K/A Jim Waters, and A/K/A Wayne Roberson, George Ellis Gaston, and Royce David Hebert
(2×)
See United States v. Worthington, 544 F.2d 1275, 1280 (5th Cir.), cert. denied, 434 U.S. 817 , 98 S.Ct. 55 , 54 L.Ed.2d 72 (1977); see also United States v. Rollins, 699 F.2d 530, 534 (11th Cir.), cert. denied, 464 U.S. 933 , 104 S.Ct. 335 , 78 L.Ed.2d 305 (1983).
discussed
Cited "see, e.g."
California v. Carney
(2×)
See, e. g., United States v. Rollins, 699 F. 2d 530 (CA11) (airplane), cert. denied, 464 U. S. 933 (1983). [3] We need not pass on the application of the vehicle exception to a motor home that is situated in a way or place that objectively indicates that it is being used as a residence.
Retrieving the full opinion text from the archive…
Rollins
v.
United States
v.
United States
No. 82-1997.
Supreme Court of the United States.
Oct 31, 1983.
Published
Citer courts: Court of Appeals of Oregon (2) · D. Colorado (1)
C. A. 11th Cir. Certiorari denied.