green
Positive treatment
Quoted verbatim 2×
7.1 score
G Cite
cited 2× by 2 distinct cases, last quoted 1993 ·
…the government is not required to rebut expert testimony with its own expert as it may accomplish the same result by presenting lay witnesses and other evidence and by undermining the defense expert's credibility through cross examination
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Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. Marlon Keith Barton
the government is not required to rebut expert testimony with its own expert as it may accomplish the same result by presenting lay witnesses and other evidence and by undermining the defense expert's credibility through cross examination
examined
Cited as authority (quoted)
U.S. v. Barton
the government is not required to rebut expert testimony with its own expert as it may accomplish the same result by presenting lay witnesses and other evidence and by undermining the defense expert's credibility through cross examination
cited
Cited "see"
United States v. John T. Hunter, Jr.
See United States v. Malin, 908 F.2d 163, 166 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990).
cited
Cited "see"
United States v. Jerry Butler
See United States v. Malin, 908 F.2d 163, 166-67 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990).
discussed
Cited "see"
United States v. Jones
Instead, probable cause can be, and often is, inferred by "considering the type of crime, the nature of the items sought, the suspect's opportunity for concealment and normal inferences about where a criminal might hide stolen property." United States v. Jackson, 756 F.2d 703, 705 (9th Cir.1985); accord United States v. Malin, 908 F.2d 163, 165-66 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990); United States v. Jenkins, 901 F.2d 1075, 1080-81 (11th Cir.), cert. denied, 498 U.S. 901 , 111 S.Ct. 259 , 112 L.Ed.2d 216 (1990); United States v. Anderson, 851 F.2d 72…
discussed
Cited "see"
United States v. Jones
Instead, probable cause can be, and often is, inferred by "considering the type of crime, the nature of the items sought, the suspect's opportunity for concealment and normal inferences about where a criminal might hide stolen property." United States v. Jackson, 756 F.2d 703, 705 (9th Cir. 1985); accord United States v. Malin, 908 F.2d 163, 165-66 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 (1990); United States v. Jenkins, 901 F.2d 1075, 1080-81 (11th Cir.), cert. denied, 498 U.S. 901 , 111 S.Ct. 259 (1990); United States v. Anderson, 851 F.2d 727, 729 (4th Cir. 1988), cert. denie…
discussed
Cited "see"
United States v. Orestes Luciano Abreu
(2×)
See United States v. Bennett, 908 F.2d 189, 194-95 (7th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990); United States v. Foote, 898 F.2d 659, 668-69 (8th Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 112 , 112 L.Ed.2d 81 , cert. denied, --- U.S. ----, 111 S.Ct. 342 , 112 L.Ed.2d 307 (1990); United States v. Rawlings, 821 F.2d 1543, 1545-46 (11th Cir.), cert. denied, 484 U.S. 979 , 108 S.Ct. 494 , 98 L.Ed.2d 492 (1987).
discussed
Cited "see, e.g."
Yancey v. State
(2×)
The Ninth Circuit Court of Appeals in Pitts v. United States, 6 F.3d 1366 (1993), quoting United States v. Terry, 911 F.2d 272 , (9th Cir. 1990)(quoting United States v. Angulo-Lopez, 791 F.2d 1394 (9th Cir. 1986), stated, “[i]n the Ninth Circuit we have recognized that ‘[i]n the case of drug dealers, evidence is likely to be found where the dealers live.’ ” In United States v. Lamon, 930 F.2d 1183 (7th Cir. 1991), the court of appeals stated: Warrants may be issued even in the absence of ‘[d]irect evidence linking criminal objects to a particular site United States v. Jackson, 756 F…
discussed
Cited "see, e.g."
United States v. Corey T. Robinson and Michael Scott, Jr.
See, e.g., United States v. Woods, 995 F.2d 713, 718 (7th Cir.1993) (“Dealers who keep drugs 'in strategic proximity’ to their drugs or transactions ‘use them in relation to’ their drug trafficking for purposes of [ 18 U.S.C. § 924 (c) ].") (citing United States v. Malin, 908 F.2d 163, 168 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990)). 10 .
discussed
Cited "see, e.g."
United States v. Wayne B. Mitchell
A warrantless search or seizure is “per se unreasonable, unless the police can show that it falls within one of a carefully defined set of exceptions based on the presence of ‘exigent circumstances.’” Coolidge v. New Hampshire, 403 U.S. 443, 474-75 , 91 S.Ct. 2022, 2042 , 29 L.Ed.2d 564 (1971); see also United States v. Bennett, 908 F.2d 189, 192 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990).
discussed
Cited "see, e.g."
United States v. Ivan Lamont Sleet
“The critical element in a reasonable search,” the Supreme Court has said, “is not that the owner of the property is suspected of crime but that there is reasonable cause to believe that the specific ‘things’ to be searched for and seized are located on the property to which entry is sought.” Zurcher v. Stanford Daily, 436 U.S. 547, 556 , 98 S.Ct. 1970, 1977 , 56 L.Ed.2d 525 (1978); see also United States v. Malin, 908 F.2d 163, 165 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990).
discussed
Cited "see, e.g."
United States v. Sergio Robles, Also Known as Felix Luis Rivera, and Luis Cruz
See also United States v. Bennett, 908 F.2d 189, 192 (7th Cir.) (entry justified but separate analysis for search), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990). ■ Therefore we must continue our analysis of the seizure of the cocaine and cash.
discussed
Cited "see, e.g."
Magnuson v. Cassarella
A search or seizure conducted outside the judicial process, without prior approval by a magistrate or judge upon a showing of probable cause, is “per se unreasonable, unless the police can show that it falls within one of a carefully defined set of exceptions, based on the presence of ‘exigent circumstances.’ ” Coolidge v. New Hampshire, 403 U.S. 443, 474-75 , 91 S.Ct. 2022, 2042 , 29 L.Ed.2d 564 (1971); see also United States v. Bennett, 908 F.2d 189, 192 (7th Cir.), cert. denied, 498 U.S. 991 , 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990).
discussed
Cited "see, e.g."
United States v. Robert A. Levy
See Mars Steel Corp. v. Continental Bank, N.A., 880 F.2d 928, 933-37 (7th Cir.1989) (en banc); Mucha v. King, 792 F.2d 602, 604-06 (7th Cir.1986); see also United States v. Malin, 908 F.2d 163, 169-170 (7th Cir.), cert. denied, — U.S. -, 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990) (Easterbrook, J., concurring).
discussed
Cited "see, e.g."
United States v. Maneti
United States v. Thomas, 757 F.2d 1359, 1367 (2d Cir.), cert. denied, 474 U.S. 819 , 106 S.Ct. 66 , 67, 88 L.Ed.2d 54 (1985); see also United States v. Malin, 908 F.2d 163, 165 (7th Cir.) (“direct evidence ... is not necessary to a probable cause determination”), cert, denied, — U.S. —, 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990); United States v. Jackson, 756 F.2d 703, 705 (9th Cir.1985).
discussed
Cited "see, e.g."
United States v. Michael Pryce, United States of America v. Nathaniel M. Gaskins, A/K/A Andre Michael Redman, \Terry\"
See, e.g., United States v. Malin, 908 F.2d 163, 167 (7th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990) (government did not argue on appeal and therefore waived the argument that the defendant failed to preserve an objection to jury instructions).
discussed
Cited "see, e.g."
United States v. Pryce
See, e.g., United States v. Malin, 908 F.2d 163, 167 (7th Cir.1990), cert. denied, — U.S.-, 111 S.Ct. 534 , 112 L.Ed.2d 544 (1990) (government did not argue on appeal and therefore waived the argument that the defendant failed to preserve an objection to jury instructions).
discussed
Cited "see, e.g."
United States v. Michael L. Lamon, Also Known as Michael L. Anthony, Also Known as Michael L. Black
Furthermore, “where the affidavit recites facts indicating ongoing, continuous criminal activity, the passage of time becomes less critical.” United States v. Shomo, 786 F.2d 981, 984 (10th Cir.1986) (dicta). 6 Indeed, at least one circuit has recognized that probable cause may be found “several weeks, if not months,” after “the last reported instance of suspect [drug-trafficking] activity.” United States v. Angulo-Lopez, 791 F.2d 1394, 1399 (9th Cir.1986). 7 Warrants may be issued even in the absence of “[d]irect evidence linking criminal objects to a particular site.” United …
Retrieving the full opinion text from the archive…
Gabay
v.
United States
v.
United States
No. 90-6074.
Supreme Court of the United States.
Nov 26, 1990.
Published
Citer courts: Fifth Circuit (2)
C. A. 9th Cir. Certiorari denied.