green
Positive treatment
Quoted verbatim 1×
4.2 score
G Cite
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Marquez
several other circuits have held that a request to 'look in' or 'look through' a vehicle is the equivalent of a request to 'search the vehicle.
cited
Cited "see"
Culbreth v. Ingram
See Knutson v. Wisconsin Air Nat’l Guard, 995 F.2d 765, 767 (7th Cir.), cert. denied, 510 U.S. 933 , 114 S.Ct. 347 , 126 L.Ed.2d 311 (1993); Charles v. Rice, 28 F.3d 1312, 1315 (1st Cir.1994).
discussed
Cited "see"
Berkley v. United States
See Knutson v. Wisconsin Air Nat’l Guard, 995 F.2d 765, 771 (7th Cir.) (Request for reinstatement is nonjusticiable because it would require the court “to intrude on a province committed to the military’s discretion, which [the court] decline[d] to do.”), cert. denied, 510 U.S. 933 , 114 S.Ct. 347 , 126 L.Ed.2d 311 (1993); Crawford v. Cushman, 531 F.2d 1114, 1126 (2d Cir.1976) (when plaintiff was illegally discharged from active military service, “reinstatement” only for purposes of attaining the financial equivalent of reinstatement was a sufficient remedy).
discussed
Cited "see"
Impson v. State
(2×)
See U.S. v. Porter, 986 F.2d 1014, 1017 (6th Cir.1993), cert. denied, 510 U.S. 933 , 114 S.Ct. 347 , 126 L.Ed.2d 312 (court determined that prior statements detail and internal consistency established its accuracy). [4] The prosecutor did not commit prosecutorial misconduct by calling attention to this document.
cited
Cited "see"
United States v. Maxey & Co., Pc
See United States v. Medlin, 986 F.2d 463, 467 (11th Cir.), cert. denied, 510 U.S. 933 , 114 S.Ct. 347 , 126 L.Ed.2d 311 (1993).
discussed
Cited "see, e.g."
People v. McFarlane
This Court has previously interpreted a request to “look through” a car to be the equivalent of a request to search (see People v Mitchell, 211 AD2d 553, 554 [1995], lv denied 86 NY2d 738 [1995]; see also United States v Rich, 992 F2d 502, 506 [5th Cir 1993], cert denied 510 US 933 [1993]; but see People v Hall, 35 AD3d 1171, 1172 [4th Dept 2006], lv denied 8 NY3d 923 [2007]), and other Fourth Department cases cited therein).
discussed
Cited "see, e.g."
State v. Jenkins
(2×)
"Although objective reasonableness is a question of law [over which our review is plenary], the factual circumstances are highly relevant when determining what a reasonable person would have believed to be the outer bounds of the consent that was given." [36] United States v. Mendoza-Gonzalez, 318 F.3d 663, 667 (5th Cir.), cert. denied, 538 U.S. 1049 , 123 S.Ct. 2114 , 155 L.Ed.2d 1091 (2003); see also, e.g., United States v. Rich, 992 F.2d 502, 505 (5th Cir.) ("[o]bjective reasonableness is a question of law that is reviewed de novo"), cert. denied, 510 U.S. 933 , 114 S.Ct. 348 , 126 L.Ed.2d …
discussed
Cited "see, e.g."
People v. Calvo
“The standard for measuring the scope of a suspect’s consent under the Fourth Amendment is that of ‘objective’ reasonableness—what would the typical reasonable person have understood by the exchange between the officer and the subject?” (Florida v Jimeno, supra at 251.) Here, it was objectively reasonable for the police to conclude that the defendant’s consent to search his vehicle included a search of any items where a weapon might be hidden, including the duffel bag in the rear cargo area of the vehicle (see People v Bruno, 294 AD2d 179, 179-180 [2002]; see also United States v…
discussed
Cited "see, e.g."
United States v. Spy Factory, Inc.
The Court must examine the facial vagueness challenge and, “as *466 suming the enactment implicates no constitutionally protected conduct, should uphold the challenge only if the enactment is impermissibly vague in all of its applications.” Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95 , 102 S.Ct. 1186, 1191 , 71 L.Ed.2d 362 (1982); see also United States v. Nadi, 996 F.2d 548, 550 (2d Cir.) (“The defendant bears the burden of showing the statute to be ‘impermissibly vague in all of its applications.’”) (citations omitted), cert. denied, 510 U.…
Retrieving the full opinion text from the archive…
Herring
v.
United States
v.
United States
93-437.
Supreme Court of the United States.
Oct 18, 1993.
Published
Citer courts: S.D. New York (1)
Herring et al.
v.
United States.
No. 93-437.
Supreme Court of United States.
October 18, 1993.
1
Appeal from the C. A. 11th Cir.
2
Certiorari denied. Reported below: 993 F. 2d 784.