United States v. Kopp, 429 U.S. 121 (1976). · Go Syfert
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United States v. Kopp, 429 U.S. 121 (1976). Cases Citing This Book View Copy Cite
27 citation events (3 in the last 25 years) across 8 distinct courts.
Strongest positive: Com. v. White, E. (pasuperct, 2024-09-20)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited "see" Com. v. White, E.
Pa. Super. Ct. · 2024 · signal: see · confidence high
See United States v. Kopp, 429 U.S. 121 (1976) (government could properly appeal from an order dismissing an indictment which was entered after the defendant was found guilty in a non-jury trial but prior to sentencing).
discussed Cited "see" United States v. Scott (2×)
SCOTUS · 1978 · signal: accord · confidence high
Accord, United States v. Kopp, 429 U. S. 121 (1976); United States v. Rose, 429 U. S. 5 (1976); United States v. Morrison, 429 U. S. 1 (1976).
discussed Cited "see, e.g." United States v. Charles (2×)
5th Cir. · 2025 · signal: see, e.g. · confidence low
See, e.g., United States v. Kopp, 429 U.S. 121, 121 , 97 S. Ct. 400, 401 (1976).
examined Cited "see, e.g." People v. Nix (4×)
Mich. · 1996 · signal: see also · confidence low
See also United States v Kopp, 429 US 121 ; 97 S Ct 400 ; 50 L Ed 2d 336 (1976); United States v Morrison, 429 US 1 ; 97 S Ct 24 ; 50 L Ed 2d 1 (1976); United States v Rose, 429 US 5 ; 97 S Ct 26 ; 50 L Ed 2d 5 (1976).
examined Cited "see, e.g." United States v. Markus (3×)
D.N.J. · 1985 · signal: see also · confidence low
See also United States v. Kopp, 429 U.S. 121 , 97 S.Ct. 400 , 50 L.Ed.2d 336 (1976) (bench trial).
discussed Cited "see, e.g." Milton v. Bell Laboratories, Inc.
D.N.J. · 1977 · signal: see also · confidence low
Id. 411 U.S. at 802 , 93 S.Ct. at 1824 (emphasis added); see also General Electric v. Gilbert, 429 U.S. 121, 136-137 , 97 S.Ct. 401 , 50 L.Ed.2d 343 (U.S. Dec. 7, 1976); Ostapowicz v. Johnson Bronze Co., 541 F.2d 394, 402 (3d Cir. 1976), cert. denied, - U.S. -, 97 S.Ct. 741 , 50 L.Ed.2d 753 (1976); Jurinko v. Edwin L.
Retrieving the full opinion text from the archive…
United States
v.
John David Kopp
75-1536.
Supreme Court of the United States.
Dec 6, 1976.
429 U.S. 121
Per Curiam.
Cited by 12 opinions  |  Published
Per Curiam.

The operative facts herein are substantially identical to those in United States v. Morrison, ante, p. 1, and United States v. Rose, ante, p. 5. Respondent’s car was stopped by Border Patrol agents; a search disclosed marihuana. Respondent lost a motion to suppress and was found guilty after a bench trial. Following this trial, but before sentencing, the District Court, relying upon our decision in Almeida-Sanchez v. United States, 413 U. S. 266 (1973), dismissed the indictment. The Court of Appeals for the Tenth Circuit, as it did in Morrison and Rose, found the Government’s appeal barred by double jeopardy.

In United States v. Wilson, 420 U. S. 332 (1975), we held that double jeopardy would not bar a Government appeal if success on that appeal would result in the reinstatement of a verdict of guilty. The fact that the dismissal of the indictment here occurred after a general finding of guilt rendered- by the court in a bench trial, rather than after a return of a verdict of guilty by a jury, is immaterial. Morrison, supra. Double jeopardy therefore does not bar an appeal by the Government.

We grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand to that court for proceedings consistent herewith.