WebPER CURIAM: The appellant was found guilty by a jury of possession of a firearm in violation of App., § 1202(a)(1), 18 U.S.C. He has appealed, alleging that the court erred in finding that the "stop and frisk" conducted by the police officer, during which the firearm was discovered, was reasonable or proper and in failing to suppress evidence of the … WebFiled: 1968-03-05 Precedential Status: Precedential Citations: 390 U.S. 234, 88 S. Ct. 992, 19 L. Ed. 2d 1067, 1968 U.S. LEXIS 2283 Docket: 92 Supreme Court Database ...
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WebNew Hampshire, 403 U.S. 443 [29 L. Ed. 2d 564, 91 S. Ct. 2024] (1971); Harris v. United States, 390 U.S. 234 [19 L. Ed. 2d 1067, 88 S. Ct. 992] (1968). In the "open view" situation, however, the observation takes place from a non-intrusive vantage point. The governmental agent is either on the outside looking outside or on the outside looking ... Web(Harris v. United States (1968) 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067.) Thus we must first determine whether Holt had a right to cross the living room and survey the kitchen before we can consider whether his plain view of the bag and his 'plain smell' of the hashish within gave him legal ground to seize the bag and inspect its contents.
WebIn our opinion, assuming a lawful arrest, Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067, decided March 5, 1968, covers it. After the first trial, the money … WebArguing that the officer's conduct constituted an 'inspection' rather than a 'search,' petitioner relies on our decision in Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968), to validate the initial intrusion into the trunk, and then the plain-view doctrine to justify the warrantless seizure of the items.
WebHarris v. United States (1968) 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067, which involved an inspection of an in-custody suspect's impounded car, is authority only for the proposition that clearly incriminating evidence which is in the plain view of an officer who has a right to be in the position to have the view may be seized without a ... WebThough Preston v. United States, 376 U.S. 364, 84 S.Ct. 881, 11 L.Ed.2d 777, is not mentioned in the Court's opinion, I assume it has survived because in the present case (1) the car was lawfully in police custody, and the police were responsible for protecting the car; (2) while engaged in the performance of their duty to protect the car, and ...
WebOct 2, 1997 · United States, 399 A.2d 52, 58 (D.C.1979) (citing Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067 (1968)). The plain view exception also requires (1) that the officer “have a lawful right of access to the object․” and (2) that the “incriminating character” of items seized be “immediately apparent.” ...
WebAug 21, 1997 · See United States v. Sullivan, 625 F.2d 9, 13 (4th Cir.1980). Just as evidence in the plain view of officers may be searched without a warrant, see Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067 (1968), evidence in the plain smell may be detected without a warrant. See United States v. middle brighton westpacWebUnited States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968); Ker v. California, 374 U.S. 23, 42 43, 83 S.Ct. 1623 , 10 L.Ed.2d 726 (1963). The district court found that the dual prosecution guidelines of the Department of Justice had been satisfied when defendant was subjected to the instant federal prosecution after defendant had been ... news on gp surgeriesWebIn Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968), extensively quoted by the majority, the Supreme Court conclusively held that property found in plain … middle brighton veterinary centreWebOhio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). The test to be applied in determining the reasonableness of the detention is whether the facts available to the officer at the moment the detention began, when considered in light of the governmental interest which allegedly supports an official intrusion, warrant a person of reasonable ... new song radhe shyam moveiWebAs was stated in Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067 (1968), 'It has long been settled that objects falling in the plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced in evidence.' We think that the agents here not only had the ... middle brook cottages \u0026 chaletsWebUnited States, 5 Cir., 1968, 391 F.2d 512, as well as the decision of the Supreme Court in Harris v. United States, 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067 (1968). The … new song people okcWebCourt: United States Supreme Court: Writing for the Court: BLACK: Citation: 386 U.S. 58,17 L.Ed.2d 730,87 S.Ct. 788: Parties: Joe Nathan COOPER, Petitioner, v. middlebrook apartments knoxville tn