green
Positive treatment
Quoted verbatim 5×
11.4 score
G Cite
cited 6× by 1 distinct case ·
"[W]e do not here hold that an illegal arrest can always be cured by a subsequent arrest based upon probable cause."
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 27 distinct citers.
examined
Cited as authority (quoted)
United States v. Maurice Deteige Sheppard
(2×)
e do not here hold that an illegal arrest can always be cured by a subsequent arrest based upon probable cause.
discussed
Cited as authority (quoted)
In Re Search Warrant Dated July 4, 1977, for Premises at 2125 S Street, Northwest, Washington, D. C. Appeal of United States. In Re Search Warrant Dated July 4, 1977, for Premises at 2125 S Street, Northwest, Washington, D. C. Appeal of Founding Church of Scientology
it would be absurd to require an investigator to be oblivious to that which would be apparent to anyone else with normal powers of observation
discussed
Cited as authority (quoted)
United States v. Heldt
it would be somewhat absurd to require an investigator to be oblivious to that which would be apparent to anyone else with normal powers of observation
discussed
Cited as authority (quoted)
cadc 1981
it would be somewhat absurd to require an investigator to be oblivious to that which would be apparent to anyone else with normal powers of observation
discussed
Cited as authority (quoted)
In re Search Warrant Dated July 4, 1977
it would be absurd to require an investigator to be oblivious to that which would be apparent to anyone else with normal powers of observation
discussed
Cited "see"
Brewer v. State
See United States v. Edwards, 103 F.3d 90, 95 (10th Cir.1996) (finding that the initial arrest of the defendant was illegal as there was no probable cause, but that the subsequent *130 arrest after finding a "drug processing station" in car was proper and not the result of the initial arrest) (citing United States v. Walker, 535 F.2d 896, 899 (5th Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976)). ś 122.
discussed
Cited "see"
People v. Kellum
See United States v. Wilson, 536 F.2d 883 (9th Cir.1976) (apartment resident had no authority to consent to search of closed but unlocked suitcases left on premises by defendant), cert. denied, 429 U.S. 982 , 97 S.Ct. 497 , 50 L.Ed.2d 592 (1976); Reeves v. Warden, 346 F.2d 915 (4th Cir.1965) (one occupant of home had no authority to consent to search of bureau in defendant’s bedroom, although she cleaned room and put defendant’s clean clothes in bureau); Holzhey v. United States, 223 F.2d 823 (5th Cir.1955) (daughter, who owned home, had no authority to consent to search of locked cabinet …
discussed
Cited "see"
Kennedy Brewer v. State of Mississippi
See United States v. Edwards, 103 F.3d 90, 95 (10th Cir. 1996) (finding that the initial arrest of the defendant was illegal as there was no probable cause, but that the subsequent arrest after finding a "drug processing station" in car was proper and not the result of the initial arrest) (citing United States v. Walker, 535 F.2d 896, 899 (5th Cir.), cert. denied, 429 U.S. 982 (1976)). ¶122.
discussed
Cited "see"
Uintah Ute Indians of Utah v. United States
See United States v. Gemmill, 535 F.2d 1145, 1148-49 (9th Cir.) (holding that forced expulsion of Indians followed by Government use of land extinguishes Indian title), cert. denied, 429 U.S. 982 , 97 S.Ct. 496 , 50 L.Ed.2d 591 (1976); Pueblo of San Ildefonso, 206 Ct.Cl. at 661 , 513 F.2d at 1390 (holding the impact of white settlement a factor in extinguishment of Indian title).
cited
Cited "see"
United States v. James McHugh
See United States v. Estell, 539 F.2d 697, 699 (10th Cir.), cert denied, 429 U.S. 982 , 97 S.Ct. 497 , 50 L.Ed.2d 592 (1976); United States v. Sims, 529 F.2d 10, 11 (8th Cir.1976).
discussed
Cited "see"
State v. Jaso
As the court in United States v. Liberti, 616 F.2d 34 (2nd Cir.), cert. denied 446 U.S. 952 (1980) held: “On the other hand, we have considered and find most persuasive the Government’s contention that the postal inspectors did not ‘know’ in advance that they would find the additional cosmetics in plain view and that, in the absence of this knowledge, their discovery was inadvertent. ‘What Coolidge proscribes is an anticipated discovery, where the police know in advance the location of the evidence and intend to seize it.’ United States v. Bolts, 558 F.2d 316, 320 (5th Cir.), cert,…
cited
Cited "see"
United States v. Napolitano
United States v. Tucker, 380 F.2d 206, 212 (2d Cir.1967); see Mapp v. Warden, 531 F.2d 1167 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976).
discussed
Cited "see"
In Re Property Seized From Becker
They stated: “On the other hand, we have considered and find most persuasive the Government’s contention that the postal inspectors did not ‘know’ in advance that they would find the additional cosmetics in plain view and that, in the absence of this knowledge, their discovery was inadvertent. ‘What Coolidge proscribes is an anticipated discovery, where the police know in advance the location of the evidence and intend to seize it.’ United States v. Bolts, 558 F.2d 316, 320 (5th Cir.), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed.2d 290 (1977); see Mapp v. Warden, 531 F.2d 1…
cited
Cited "see"
United States v. John Witt Martin and James Young
See United States v. Walker, 535 F.2d 896 (5th Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976).
discussed
Cited "see"
United States v. Vincent and Barbara Liberti, Movants-Appellees
(2×)
"What Coolidge proscribes is an anticipated discovery, where the police know in advance the location of the evidence and intend to seize it." United States v. Bolts, 558 F.2d 316, 320 (5th Cir.), cert. denied, 434 U.S. 930 , 98 S.Ct. 417 , 54 L.Ed. 290 (1977); see Mapp v. Warden, 531 F.2d 1167, 1172 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976).
discussed
Cited "see"
Yates v. State
(2×)
See United States v. Wilson, 536 F.2d 883 (9th Cir. 1976), cert. denied, 429 U.S. 982 ; People v. Beagle, supra; United States v. Simpson, 445 F.2d 735 (D.C.
discussed
Cited "see"
Bynum v. United States
(2×)
See Mapp v. Warden, 531 F.2d 1167 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976); United States v. Mason, 173 U.S.App.D.C. 173, 177-78 , 523 F.2d 1122, 1126-27 (1975); United States v. Sedillo, 496 F.2d 151 (9th Cir.), cert. denied, 419 U.S. 947 , 95 S.Ct. 211 , 42 L.Ed.2d 168 (1974); United States v. Damitz, 495 F.2d 50, 56 (9th Cir. 1974); United States v. Wheeler, 148 U.S.App.D.C. 204, 205 , 459 F.2d 1228, 1229 (1972).
discussed
Cited "see"
United States v. Barnes
LaBelle v. LaVallee, 517 F.2d 750, 755 (2d Cir. 1975), cert. denied, 423 U.S. 1062 , 96 S.Ct. 803 , 46 L.Ed.2d 655 (1976); see Mapp v. Warden, 531 F.2d 1167 , 1172 (2d Cir. 1976), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976).
discussed
Cited "see, e.g."
Barney v. Conway
See, e.g., Robinson v. Scully, 683 F.Supp. 941, 943 (S.D.N.Y.1988) (“A claim that the verdict was against the weight of the evidence does not raise an issue of constitutional dimensions unless the record is so totally devoid of evidentiary support that a due process issue is raised.”) (citing Mapp v. Warden, 531 F.2d 1167 , 1173-74 n. 8 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976); United States ex rel.
discussed
Cited "see, e.g."
Dixon v. McGinnis
Moreover, Dixon’s alternative argument that the conviction was against the weight of the evidence “does not raise an issue of constitutional dimensions unless the record is so totally devoid of evidentia-ry support that a due process issue is raised.” Robinson v. Scully, 683 F.Supp. 941, 943 (S.D.N.Y.1988); see also Mapp v. Warden, 531 F.2d 1167 , 1173-74 n. 8 (2d Cir.1976), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976); United States ex rel.
discussed
Cited "see, e.g."
United States v. Abel Gilberto Salinas-Cano
LaFave, Search and Seizure, § 8.5(d), at 307 (2d ed. 1987) (“Among the articles which it would seem would most commonly be deserving of the ‘high expectation of privacy’ label in the host-guest context would be the overnight bag or suitcase”); compare United States v. Wilson, 536 F.2d 883, 884-85 (9th Cir.) (girlfriend’s consent to search suitcase invalid), cert. denied, 429 U.S. 982 , 97 S.Ct. 497 , 50 L.Ed.2d 592 (1976) with United States v. Sealey, 830 F.2d 1028, 1031 (9th Cir.1987) (boxes and plastic buckets not the type of containers commonly used to preserve privacy; girlfrien…
discussed
Cited "see, e.g."
State v. Amerman
See also Mapp v. Warden, 531 F.2d 1167 (2d Cir.1976), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976) (probable cause for warrant issued February 13, 1970, where information obtained November 6, 1969, indicated defendant was using premises on a continuing basis as a storehouse for drugs packaged elsewhere). *480 “Of the factors identified in Andresen, the one which is most frequently relied upon in the appellate decisions is the character of the criminal activity under investigation. ‘Where the affidavit recites a mere isolated violation it would not be unreasonable to im…
discussed
Cited "see, e.g."
United States v. Kent
In this case, any right to occupy the land possessed by defendant and her ancestors was arguably extinguished by any of a number of events: (1) their failure to make timely claims to the land under the California Land Claims Act of 1851, 9 Stat. 631 (1851), see Super v. Work, 3 F.2d 90, 90-91 (D.C.Cir.1925), aff'd, 271 U.S. 643 , 46 S.Ct. 481 , 70 L.Ed. 1128 (1926); see also Donahue v. Butz, 363 F.Supp. 1316, 1323 (N.D.Cal.1973); (2) the designation of the land in question as the Klamath National Forest, see Ute Indian Tribe v. Utah, 716 F.2d 1298, 1313-14 (10th Cir.1983); United States v. Pue…
cited
Cited "see, e.g."
United States v. Jones
See, e.g., Mapp v. Warden, 531 F.2d 1167 , 1172 (2d Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 498 , 50 L.Ed.2d 592 (1976).
cited
Cited "see, e.g."
Ingram v. State
See, e.g., United States v. Wilson, 536 F.2d 883 (9th Cir.), cert. denied 429 U.S. 982 , 97 S.Ct. 497 , 50 L.Ed.2d 592 (1976).
discussed
Cited "see, e.g."
United States v. Mark Wellington, United States of America v. Jerome C. Utz
See, e.g., United States v. Wilson, 536 F.2d 883, 886 (9th Cir.), cert. denied, 429 U.S. 982 , 97 S.Ct. 497 , 50 L.Ed.2d 592 (1976); United States v. Jones, 425 F.2d 1048, 1051-52 (9th Cir.), cert. denied, 400 U.S. 823 , 91 S.Ct. 44 , 27 L.Ed.2d 51 (1970).
cited
Cited "see, e.g."
Givens v. State
See also United States v. Wilson, 536 F.2d 883 (9th Cir.), cert. denied, 429 U.S. 982 (1976).
Mapp
v.
Warden, New York State Correctional Institution for Women
v.
Warden, New York State Correctional Institution for Women
No. 76-5275.
Supreme Court of the United States.
Nov 29, 1976.
Cited by 1 opinion | Published
Citer courts: D.C. Circuit (4) · Fifth Circuit (2)
C. A. 2d Cir. Certiorari denied.