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cited 3× by 2 distinct cases, last quoted 2003 ·
…even a warrant based on a known presence of contraband at the premises rests also on the expectation that the contraband will remain there until the warrant is executed
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Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Commonwealth v. Colondres
an anticipatory warrant, by definition, is a warrant that has been issued before the necessary events have occurred which will allow a constitutional search of the premises; if those events do not transpire, the warrant is void
examined
Cited as authority (quoted)
Commonwealth v. Coleman
(2×)
even a warrant based on a known presence of contraband at the premises rests also on the expectation that the contraband will remain there until the warrant is executed
discussed
Cited as authority (quoted)
Commonwealth v. Glass
even a warrant based on a known presence of contraband at the premises rests also on the expectation that the contraband will remain there until the warrant is executed
discussed
Cited as authority (quoted)
United States v. Michael Bremner
there is no question but that a criminal defendant has a due process right to be sentenced on the basis of accurate information
discussed
Cited as authority (quoted)
United States v. Albert Larry Weaver, United States of America v. Kevin Tyrone Baldwin, United States of America v. Kendal Taylor
f the government seeks to enhance the sentencing range ... it should bear the burden of proof.
discussed
Cited as authority (rule)
State v. Myron C. Dillard
(2×)
Santos held that a "specific explanation of why the defendant alleges he would have gone to trial is required." Id. (quoting Santos, 493 U.S. at 943).
discussed
Cited "see"
Kevin Lamont Shehee v. United States
See Carwile v. Smith, 874 F.2d 382, 385-86 (6th Cir.), cert. denied, 493 U.S. 943 (1989). 8 Shehee now argues that the government abandoned the written agreement when the prosecuting attorney made the following statement at one of his hearings: "Your Honor, had anything Mr. Shehee said, either before the plea agreement or after it, been of value, we would have made the motion." This argument fails because the prosecutor's statement is not inconsistent with the language of the written plea agreement.
cited
Cited "see"
United States v. Lori Lynn Walton, United States of America v. Harry Robert Walton
See United States v. Urrego-Linares, 879 F.2d 1234, 1239 (4th Cir.) (defendant seeking mitigating adjustment has burden of proving that it applies in his case), cert. denied, 493 U.S. 943 (1989).
discussed
Cited "see"
Lupper v. State
See United States v. Fuentes, 877 F.2d 895, 901 (11th Cir.), cert. denied, 493 U.S. 943 , 110 S.Ct. 347 , 107 L.Ed.2d 335 (1989) and cert. denied, 493 U.S. 982 , 110 S.Ct. 516 , 107 L.Ed.2d 517 (1989); United States v. Dennis, 786 F.2d 1029 (11th Cir.1986), cert. denied, 481 U.S. 1037 , 107 S.Ct. 1973 , 95 L.Ed.2d 814 (1986).
discussed
Cited "see"
United States v. Ronald J. Cestnik
See United States v. Peveto, 881 F.2d 844, 853-84 (10th Cir.) (traffic ticket was inadmissible for truth of the matters asserted therein but admissible to tie defendant to the vehicle), cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989); United States v. Ashby, 864 F.2d 690, 693 (10th Cir.1988) (title to car, although inadmissible to prove defendant was owner, was admissible as circumstantial evidence tying defendant to the car), cert. denied, 494 U.S. 1070 , 110 S.Ct. 1793 , 108 L.Ed.2d 794 (1990).
discussed
Cited "see"
Oswalt v. State
See United States v. Garcia , 882 F.2d 699 (2d Cir. 1989), cert. denied, Grant v. United States , 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989), and cases cited therein; Alvidres v. Superior Court , 12 Cal.App.3d 575 , 90 Cal.Rptr. 682 (1970); People v. Glen , 30 N.Y.2d 252 , 331 N.Y.S.2d 656 , 282 N.E.2d 614 (1972); LaFave, supra, § 3.7(c).
cited
Cited "see"
United States v. Jonathan Dewayne Little, A/K/A Johnathan Duwayne Little, United States of America v. Christopher Alonza Swinson
See United States v. Urrego-Linares, 879 F.2d 1234, 1239 (4th Cir.), cert. denied, 493 U.S. 943 (1989).
cited
Cited "see"
United States v. Susan D. Bieri, United States of America v. Leonard Bieri, III
See id. at 949 (citing United States v. Garcia, 882 F.2d 699, 702 (2d Cir.), cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989)).
discussed
Cited "see"
State v. Johnson
(2×)
See generally United States v. Garcia, 882 F.2d 699, 703 (2nd Cir.1989), *684 cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989).
discussed
Cited "see"
United States v. Steven Ricciardelli
(2×)
See United States v. Garcia, 882 F.2d 699, 703 (2d Cir.), cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989); see also 2 Wayne LaFave, Search and Seizure § 3.7(c), at 97 (1987).
cited
Cited "see"
United States v. Ricciardelli
See United States v. Garcia, 882 F.2d 699, 703 (2d Cir.), cert. denied, 493 U.S. 943 (1989); see also 2 Wayne LaFave, Search and Seizure 3.7(c), at 97 (1987).
cited
Cited "see"
United States v. Daniel Michael Tavale, Also Known as Malaki S. Faafeai
See United States v. Peveto, 881 F.2d 844, 860 (10th Cir.), cert. denied, 493 U.S. 943 , 944 (1989).
cited
Cited "see"
United States v. Calle
See United States v. Urrego-Linares, 879 F.2d 1234 (4th Cir.1989), cert. denied, 493 U.S. 943 , 110 S.Ct. 346 , 107 L.Ed.2d 334 (1989).
cited
Cited "see"
United States v. Moses Tootick, United States of America v. Charles Evans Frank
See United States v. Peveto, 881 F.2d 844, 857 (10th Cir.), cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989); Romanello, 726 F.2d at 181 ; Crawford, 581 F.2d at 492 .
cited
Cited "see"
State v. Headley
See United States v. Urrego-Linares, 879 F.2d 1234, 1240 (4th Cir.), cert. denied, 493 U.S. 943 , 110 S. Ct. 346 , 107 L.
discussed
Cited "see, e.g."
United States v. Charles Smiley
(2×)
See also United States v. Urrego-Linares, 879 F.2d 1234, 1238-39 (4th Cir.) (defendant has burden of establishing applicability of factor that would lower his sentence), cert. denied, 493 U.S. 943 , 110 S.Ct. 346 , 107 L.Ed.2d 334 (1989); United States v. Wyckoff, 918 F.2d 925, 928 (11th Cir.1990) (same).
cited
Cited "see, e.g."
United States v. Maritza Rodriguez
See also United States v. Garcia, 882 F.2d 699, 705 (2d Cir.) (citing Andrews with approval), cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989).
discussed
Cited "see, e.g."
United States v. Emanuel Brown
United States Sentencing Commission, Guidelines Manual, § 4A1.3(3) (Nov. 1990) (court may consider other crimes committed by the defendant for which he was not convicted); see also United States v. Urrego-Linares, 879 F.2d 1234, 1238 (4th Cir.) (government need only demonstrate guilt by a preponderance of the evidence during the sentencing phase of a trial), cert. denied, 493 U.S. 943 (1989).
discussed
Cited "see, e.g."
United States v. Horn
See, e.g., United States v. Peveto, 881 F.2d 844, 862 (10th Cir.), cert. denied, 493 U.S. 943 , 110 S.Ct. 348 , 107 L.Ed.2d 336 (1989) ("[T]he interest of justice would not be 'served well by the dismissal of such a serious matter, because of some misdeeds of the Government.’ ”) (citing the district court’s opinion in the same case); United States v. Welborn, 849 F.2d 980, 985 (5th Cir.1988) (“A district court exceeds the proper bounds of its power to order dismissal of an indictment with prejudice when it fails to consider whether less extreme sanctions might maintain the integrity of…
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v.
Prothonotary, New Castle County, Delaware
v.
Prothonotary, New Castle County, Delaware
No. 89-5640.
Supreme Court of the United States.
Oct 30, 1989.
493 U.S. 943
C. A. 3d Cir. Certiorari denied.