further evidentiary hearing (Maryland) · Go Syfert
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further evidentiary hearing in Maryland

6 Maryland opinions name it 2 courts 1970–2016 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
United States v. Arvle Edgar Medlingreen
ca10 · 1986 · cited in 1 Maryland opinions naming this issue, 1992–1992
1 sentence

1992When the case first came before the 10th Circuit, the Court remanded for a further evidentiary hearing to explore whether the deputy sheriff had so manipulated events as to create a pretext for the search he was reluctant to pursue independently: “Because of the large number of seized items not listed in the warrant,[ 1 ] it is possible the police used this warrant as a pretext for a general search, which would taint the whole search.” United States v. Medlin, 798 F.2d 407, 411 (10th Cir.1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Culver v. Maryland Insurance Commissioner green
mdctspecapp · 2007
1 sentence

2016Id.

12016–2016
Yeagy v. State green
mdctspecapp · 1985
2 sentences

1990Yeagy, 63 Md.App. at 8 , 491 A.2d 1199 .

1990Yeagy, 63 Md.App. at 8 , 491 A.2d 1199 .

11990–1990
United States v. Robert Lee House green
ca8 · 1979
1 sentence

1985United States v. Martin, 615 F.2d at 328 ; United States v. House, 604 F.2d at 1139 .

11985–1985
United States v. John Martin green
ca5 · 1980
1 sentence

1985United States v. Martin, 615 F.2d at 328 ; United States v. House, 604 F.2d at 1139 .

11985–1985
See v. City of Seattle green
scotus · 1967
2 sentences

1983It would thus appear that § 551 would not serve to authorize the type of administrative search warrant contemplated by See v. Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967); Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967); and Marshall v. Barlow’s, Inc., 436 U.S. 307 , 98 S.Ct. 1816 , 56 L.Ed.2d 305 (1978).

1983It would thus appear that § 551 would not serve to authorize the type of administrative search warrant contemplated by See v. Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967); Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967); and Marshall v. Barlow’s, Inc., 436 U.S. 307 , 98 S.Ct. 1816 , 56 L.Ed.2d 305 (1978).

11983–1983
Camara v. Municipal Court of City and County of San Francisco green
scotus · 1967
2 sentences

1983It would thus appear that § 551 would not serve to authorize the type of administrative search warrant contemplated by See v. Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967); Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967); and Marshall v. Barlow’s, Inc., 436 U.S. 307 , 98 S.Ct. 1816 , 56 L.Ed.2d 305 (1978).

1983It would thus appear that § 551 would not serve to authorize the type of administrative search warrant contemplated by See v. Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967); Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967); and Marshall v. Barlow’s, Inc., 436 U.S. 307 , 98 S.Ct. 1816 , 56 L.Ed.2d 305 (1978).

11983–1983
Marshall v. Barlow's, Inc. green
scotus · 1978
2 sentences

1983It would thus appear that § 551 would not serve to authorize the type of administrative search warrant contemplated by See v. Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967); Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967); and Marshall v. Barlow’s, Inc., 436 U.S. 307 , 98 S.Ct. 1816 , 56 L.Ed.2d 305 (1978).

1983It would thus appear that § 551 would not serve to authorize the type of administrative search warrant contemplated by See v. Seattle, 387 U.S. 541 , 87 S.Ct. 1737 , 18 L.Ed.2d 943 (1967); Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed.2d 930 (1967); and Marshall v. Barlow’s, Inc., 436 U.S. 307 , 98 S.Ct. 1816 , 56 L.Ed.2d 305 (1978).

11983–1983
United States of America, Cross-Appellant v. Bobby Joe Chapman, Richard Melvin, Edward A. Coker, and Clark L. Darnell, Cross-Appellees green
ca5 · 1977
1 sentence

1983And cf. Mr. Lucky Messenger Service v. United States, 587 F.2d 15 (7th Cir. 1978) (the withholding by the Government of $65,000 in seized currency, even following a lawful seizure, for 17 months without any charges being filed was held to be a possibly unlawful retention, necessitating a further evidentiary hearing in that regard); United States v. Chapman, 559 F.2d 402 (5th Cir. 1977) (following dismissal of indictment, the IRS returned seized documents to the taxpayer but first made copies for itself; this was held not to have been an unlawful retention). 16 .

11983–1983
Mr. Lucky Messenger Service, Inc. v. United States of America green
ca7 · 1978
1 sentence

1983And cf. Mr. Lucky Messenger Service v. United States, 587 F.2d 15 (7th Cir. 1978) (the withholding by the Government of $65,000 in seized currency, even following a lawful seizure, for 17 months without any charges being filed was held to be a possibly unlawful retention, necessitating a further evidentiary hearing in that regard); United States v. Chapman, 559 F.2d 402 (5th Cir. 1977) (following dismissal of indictment, the IRS returned seized documents to the taxpayer but first made copies for itself; this was held not to have been an unlawful retention). 16 .

11983–1983
Rhodes v. Warden green
mdctspecapp · 1969
1 sentence

1970App. 24 ; Rhodes v. Warden, supra. We will, therefore, remand the case for a further evidentiary hearing.

11970–1970

Where else courts name it

CA 25 (1973–2025) IL 15 (1977–2024) NY 14 (1977–2021) PA 7 (1986–2026) MD 6 (1970–2016) MO 6 (1974–2002) CT 6 (1996–2017) FL 5 (1970–2019) TN 5 (1983–2021) AL 5 (1972–2004) GA 4 (1975–2023) MN 4 (1991–2019) DC 4 (1986–2012) MA 4 (1981–2024) MI 3 (1977–2016) AZ 3 (1977–2016) NM 2 (1998–1998) CO 2 (1991–2026) KY 2 (1978–1978) WA 2 (2014–2014) IA 2 (2006–2006) HI 2 (2018–2018) NC 2 (2016–2016) WI 2 (1986–2020) NE 2 (2015–2022) OH 2 (1985–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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