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Criminal - Cannabis
No. 82-1771
104 S. Ct. 3405 (1984) | Cited 6684 times
... JUSTICE WHITE delivered the opinion of the Court. This case presents the question whether the Fourth Amendment exclusionary rule should be modified so as not to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued ...
No. 89-1717
111 S. Ct. 2382 (1991) | Cited 2810 times
... JUSTICE O'CONNOR delivered the opinion of the Court. We have held that the Fourth Amendment permits police officers to approach individuals at random in airport lobbies and other public places to ask them questions and to request consent to search their luggage, so long as a reasonable person ...
No. 07-751
129 S.Ct. 808 (2009) | Cited 2790 times
... Opinion of the Court 555 U. S. ____ (2009) This is an action brought by respondent under Rev. Stat. §1979, 42 U. S. C. §1983, against state law enforcement officers who conducted a warrantless search of his house incident to his arrest for the sale of methamphetamine to an undercover informant ...
No. 496
85 S. Ct. 1678 (1965) | Cited 2167 times
... MR. JUSTICE DOUGLAS delivered the opinion of the Court. Appellant Griswold is Executive Director of the Planned Parenthood League of Connecticut. Appellant Buxton is a licensed physician and a professor at the Yale Medical School who served as Medical Director for the League at its Center in New ...
No. 80-1681
102 S. Ct. 1186 (1982) | Cited 2033 times
... JUSTICE MARSHALL delivered the opinion of the Court. This case presents a pre-enforcement facial challenge to a drug paraphernalia ordinance on the ground that it is unconstitutionally vague and overbroad. The ordinance in question requires a business to obtain a license if it sells any items that ...
No. 75-76
96 S. Ct. 3092 (1976) | Cited 1970 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. We review the judgment of the Supreme Court of South Dakota, holding that local police violated the Fourth Amendment to the Federal Constitution, as applicable to the States under the Fourteenth Amendment, when they conducted a routine ...
No. 53
83 S. Ct. 1623 (1963) | Cited 1925 times
... MR. JUSTICE CLARK delivered the opinion of the Court with reference to the standard by which state searches and seizures must be evaluated (Part I), together with an opinion applying that standard, in which MR. JUSTICE BLACK, MR. JUSTICE STEWART and MR. JUSTICE WHITE join (Parts II-V), and ...
No. 01-55834
317 F.3d 1097 (2003) | Cited 1869 times
... FOR PUBLICATION Argued and Submitted March 8, 2002--Pasadena, California OPINION Plaintiff-Appellant Todd D. Vess brought this diversity class action claiming that three defendants acted illegally to increase sales of the prescription drug Ritalin, in violation of the California Consumers Legal ...
No. 82-1167
104 S. Ct. 1652 (1984) | Cited 1838 times
... JUSTICE STEVENS delivered the opinion of the Court. During their examination of a damaged package, the employees of a private freight carrier observed a white powdery substance, originally concealed within eight layers of wrappings. They summoned a federal agent, who removed a trace of the powder, ...
No. 88-2018
110 S. Ct. 2793 (1990) | Cited 1766 times
... JUSTICE SCALIA delivered the opinion of the Court. In United States v. Matlock, 415 U.S. 164 (1974), this Court reaffirmed that a warrantless entry and search by law enforcement officers does not violate the Fourth Amendment's proscription of "unreasonable searches and seizures" if the officers ...
No. 91-2019
508 U.S. 366 (1993) | Cited 1709 times
... JUSTICE WHITE delivered the opinion of the Court. In this case, we consider whether the Fourth Amendment permits the seizure of contraband detected through a police officer's sense of touch during a protective pat-down search. I On the evening of November 9, 1989, two Minneapolis police officers ...
No. 79-5146
100 S. Ct. 2556 (1980) | Cited 1545 times
... MR. JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner David Rawlings was convicted by the Commonwealth of Kentucky on charges of trafficking in, and possession of, various controlled substances. Throughout the proceedings below, Rawlings challenged the admissibility of certain ...
No. 78-5937
100 S. Ct. 338 (1979) | Cited 1357 times
... MR. JUSTICE STEWART delivered the opinion of the Court. An Illinois statute authorizes law enforcement officers to detain and search any person found on premises being searched pursuant to a search warrant, to protect themselves from attack or to prevent the disposal or concealment of anything ...
No. 83-712
105 S. Ct. 733 (1985) | Cited 1317 times
... JUSTICE WHITE delivered the opinion of the Court. We granted certiorari in this case to examine the appropriateness of the exclusionary rule as a remedy for searches carried out in violation of the Fourth Amendment by public school authorities. Our consideration of the proper application of the ...
No. 03-923
125 S.Ct. 834 (2005) | Cited 1219 times
... 543 U. S. ____ (2005) Illinois State Trooper Daniel Gillette stopped respondent for speeding on an interstate highway. When Gillette radioed the police dispatcher to report the stop, a second trooper, Craig Graham, a member of the Illinois State Police Drug Interdiction Team, overheard the ...
Docket No. 99-7316
230 F.3d 34 (2000) | Cited 1094 times
... Argued: November 8, 1999 Plaintiff Christopher Graham appeals from a grant of summary judgment entered February 12, 1999 in the United States District Court for the Eastern District of New York (Trager, J.) in favor of defendant Long Island Rail Road. Reversed and remanded. Christopher Graham, a ...
No. 75-839
97 S. Ct. 869 (1977) | Cited 1088 times
... MR. JUSTICE STEVENS delivered the opinion of the Court. The constitutional question presented is whether the State of New York may record, in a centralized computer file, the names and addresses of all persons who have obtained, pursuant to a doctor's prescription, certain drugs for which there is ...
No. S042656
11 Cal.4th 354 (1995) | Cited 1047 times
... WERDEGAR, J.: May police officers searching a private home pursuant to a search warrant briefly detain a person who enters onto the premises at the same time as officers are beginning the search? Under the circumstances of this case, we conclude the officers' initial detention of defendant was ...
Nos. 01-3518/3845
334 F.3d 491 (2003) | Cited 1035 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0215P (6th Cir.) Argued: March 12, 2003 COLE, J., announced the judgment of the court and delivered an opinion, in which NELSON and GILMAN, JJ., concurred except as to Part III. GILMAN, J. ...
No. 06-8120
127 S.Ct. 2400 (2007) | Cited 1034 times
... 551 U. S. ____ (2007) When a police officer makes a traffic stop, the driver of the car is seized within the meaning of the Fourth Amendment. The question in this case is whether the same is true of a passenger. We hold that a passenger is seized as well and so may challenge the constitutionality ...
No. 86-5324
107 S. Ct. 3164 (1987) | Cited 931 times
... JUSTICE SCALIA delivered the opinion of the Court. Petitioner Joseph Griffin, who was on probation, had his home searched by probation officers acting without a warrant. The officers found a gun that later served as the basis of Griffin's conviction of a state-law weapons offense. We granted ...
No. 89-1690
111 S. Ct. 1982 (1991) | Cited 859 times
... JUSTICE BLACKMUN delivered the opinion of the Court. This case requires us once again to consider the so-called "automobile exception" to the warrant requirement of the Fourth Amendment and its application to the search of a closed container in the trunk of a car. I On October 28, 1987, Officer ...
No. 83-859
105 S. Ct. 2066 (1985) | Cited 813 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to decide whether law enforcement agents violated the Fourth Amendment when they conducted a warrantless search, based on probable cause, of a fully mobile "motor home" located in a public place. I On May 31, 1979, ...
No. 04-1067
126 S.Ct. 1515 (2006) | Cited 747 times
... 547 U. S. ____ (2006) The Fourth Amendment recognizes a valid warrantless entry and search of premises when police obtain the voluntary consent of an occupant who shares, or is reasonably believed to share, authority over the area in common with a co-occupant who later objects to the use of ...
No. 00-6567
122 S.Ct. 694 (2002) | Cited 740 times
... 534 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit This case concerns the adequacy of the means employed by the Federal Bureau of Investigation (FBI) to provide notice to a federal prisoner of his right to contest the administrative forfeiture ...
Docket No. 01-7729
316 F.3d 368 (2003) | Cited 719 times
... Argued March 7, 2002 Affirmed in part, vacated in part, and remanded. This is an appeal in an employment discrimination case. There is a nursery rhyme that teaches "sticks and stones may break my bones, but names will never hurt me." Such is a lesson particularly doubtful in the workplace, as ...
No. M1997-00031-SC-R11-CD
29 S.W.3d 1 (2000) | Cited 672 times
... The single issue in this appeal is whether the proof introduced at the sentencing hearing is sufficient to support a denial of probation based solely upon the need for deterrence. The Court of Criminal Appeals initially affirmed the sentence and held that proof of deterrence was not needed because ...
No. 08-4475
649 F.3d 237 (2011) | Cited 629 times
... ON REHEARING EN BANC PUBLISHED Argued: May 11, 2011 Before TRAXLER, Chief Judge, and WILKINSON, NIEMEYER, MOTZ, KING, GREGORY, SHEDD, DUNCAN, AGEE, DAVIS, KEENAN, WYNN, and DIAZ, Circuit Judges. Vacated and remanded by published opinion. Judge Motzwrote the opinion, in which Judges King, ...
No. 86-1879
109 S. Ct. 1384 (1989) | Cited 629 times
... JUSTICE KENNEDY delivered the opinion of the Court. We granted certiorari to decide whether it violates the Fourth Amendment for the United States Customs Service to require a urinalysis test from employees who seek transfer or promotion to certain positions. I A The United States Customs ...
No. 86-684
108 S. Ct. 1625 (1988) | Cited 611 times
... JUSTICE WHITE delivered the opinion of the Court. The issue here is whether the Fourth Amendment prohibits the warrantless search and seizure of garbage left for collection outside the curtilage of a home. We conclude, in accordance with the vast majority of lower courts that have addressed the ...
No. 03-1454
125 S.Ct. 2195 (2005) | Cited 582 times
... 545 U. S. ____ (2005) California is one of at least nine States that authorize the use of marijuana for medicinal purposes. 1 The question presented in this case is whether the power vested in Congress by Article I, §8, of the Constitution "[t]o make all Laws which shall be necessary and proper ...
No. 85-608
107 S. Ct. 1160 (1987) | Cited 578 times
... JUSTICE BLACKMUN delivered the opinion of the Court. In United States v. Leon, 468 U.S. 897 (1984), this Court ruled that the Fourth Amendment exclusionary rule does not apply to evidence obtained by police officers who acted in objectively reasonable reliance upon a search warrant issued by a ...
No. 92-1180
510 U.S. 43 (1993) | Cited 577 times
... JUSTICE KENNEDY delivered the opinion of the Court. The principal question presented is whether, in the absence of exigent circumstances, the Due Process Clause of the Fifth Amendment prohibits the Government in a civil forfeiture case from seizing real property without first affording the owner ...
No. 9
83 S. Ct. 917 (1963) | Cited 566 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The petitioner was tried in the Criminal Court of Cook County, Illinois, on an indictment charging her with the unlawful possession and sale of marijuana. She was convicted and sentenced to the penitentiary for "not less than ten nor more ...
No. 84-1744
106 S. Ct. 1871 (1986) | Cited 541 times
... JUSTICE POWELL delivered the opinion of the Court. The Speedy Trial Act, 18 U. S. C. § 3161 et seq. (1982 ed. and Supp. II), as amended in 1979 and in 1984, commands that a defendant be tried within 70 days of the latest of either the filing of an indictment or information, or the first appearance ...
C1-97-2
590 N.W.2d 90 (1999) | Cited 530 times
... Court of Appeals Dissenting: Page, J. Took no part: Lancaster, J. Office of Appellate Courts OPINION Oluseyi Harris appeals his conviction for fifth-degree possession of a controlled substance with intent to distribute. Saint Paul narcotics officers arrested Harris in the course of a drug ...
No. 79-5010
100 S. Ct. 2247 (1980) | Cited 492 times
... MR. JUSTICE BLACKMUN delivered the opinion of the Court. The issue presented in this case is whether § 406 of the Comprehensive Drug Abuse Prevention and Control Act of      (Act), 84 Stat. 1265, 21 U. S. C. § 846, 1 authorizes a sentencing court to impose a term of special parole upon a ...
No. 37 / 02-0358
668 N.W.2d 860 (2003) | Cited 478 times
... Defendant appeals his drug-related convictions claiming his counsel was ineffective in not objecting to instances of alleged prosecutorial misconduct. REVERSED AND REMANDED. The defendant, Deon Graves, claims he received ineffective representation by his attorney in Graves' prosecution for ...
No. 88-1353
110 S. Ct. 1056 (1990) | Cited 417 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. The question presented by this case is whether the Fourth Amendment applies to the search and seizure by United States agents of property that is owned by a nonresident alien and located in a foreign country. We hold that it does not. ...
No. 00-5259
270 F.3d 1036 (2001) | Cited 414 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2001 FED App. 0396P (6th Cir.) Argued: March 9, 2001 MOORE, J., delivered the opinion of the court, in which CLAY, J., joined. SILER, J. (pp. 36-37), delivered a separate concurring opinion. OPINION ...
No. 84-1580
106 S. Ct. 1121 (1986) | Cited 412 times
... JUSTICE POWELL delivered the opinion of the Court. This case presents the question whether the Confrontation Clause requires the Government to show that a non-testifying co-conspirator is unavailable to testify, as a condition for admission of that co-conspirator's out-of-court statements. I ...
No. 99-1132
121 S.Ct. 946 (2001) | Cited 410 times
... On Writ Of Certiorari To The Appellate Court Of Illinois, Fourth District Police officers, with probable cause to believe that a man had hidden marijuana in his home, prevented that man from entering the home for about two hours while they obtained a search warrant. We must decide whether those ...
Nos. 02-1070, 02-1186
364 F.3d 438 (2004) | Cited 409 times
... Argued: October 31, 2003 Defendants-appellants Wayne Gaskin and Al Castle were found guilty after a jury trial in the United States District Court for the Western District of New York (Charles J. Siragusa, Judge) of conspiracy to traffic in 100 kilograms or more of marijuana (Count One), see 21 ...
No. 04-1594
403 F.3d 997 (2005) | Cited 406 times
... Submitted: November 16, 2004 Before MURPHY, HANSEN, and MELLOY, Circuit Judges. Mr. Haack provided substantial assistance following his arrest on drug conspiracy and gun charges. Mr. Haack pled guilty, and the government moved for a downward departure under U.S.S.G. § 5K1.1 and 18 U.S.C. § ...
No. 127 / 01-1434
652 N.W.2d 191 (2002) | Cited 403 times
... Defendant appeals from his conviction and sentence for delivery of methamphetamine, more than five grams, in violation of Iowa Code section 124.401(1)(b)(7). AFFIRMED. A jury convicted defendant, Douglas Warren Biddle, for delivery of methamphetamine, more than five grams, in violation of Iowa ...
No. 99-2507
215 F.3d 758 (2000) | Cited 385 times
... Argued January 14, 2000 Willie Jacobs and Linda Siller brought claims under 42 U.S.C. sec. 1983 against the City of Chicago and several individual Chicago police officers (the "Defendant Officers"), alleging violations of their Fourth Amendment right to be free from unreasonable searches and ...
No. 81-1843
103 S. Ct. 3319 (1983) | Cited 379 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. The question presented is whether a warrant was required to reopen a sealed container in which contraband drugs had been discovered in an earlier lawful border search, when the container was seized by the police after it had been delivered ...
No. S078879
25 Cal.4th 230 (2001) | Cited 377 times
... The question presented is whether petitioner, in deciding to plead guilty to certain offenses for which he now faces deportation, received ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution or article I, section 15 of the California Constitution. ...
No. CX-90-2145
482 N.W.2d 218 (1992) | Cited 372 times
... 1. The entry of a dwelling by a law enforcement officer will not be deemed to have been made with consent unless the officer has received some manifestation of consent. 2. Responses to questions of a law enforcement officer who enters a dwelling without a warrant do not, without more, provide ...
No. 02-16228
381 F.3d 873 (2004) | Cited 359 times
... FOR PUBLICATION Argued and Submitted February 13, 2004-Seattle, Washington Opinion by Judge Fisher; Dissent by Judge Kleinfeld OPINION When Jeffrey Dean Howard pled guilty in federal district court, he was under the influence of a prescribed narcotic painkiller due to severe leg injuries from a ...
No. 97-5087
135 F.3d 1345 (1998) | Cited 340 times
... PUBLISH Defendant-appellant Denny Ray Hunnicutt was convicted of conspiracy to possess methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846, and conspiracy to use or carry firearms during and in relation to the commission of a drug trafficking ...
Nos. 92-3015, 92-3096
988 F.2d 649 (1993) | Cited 333 times
... BAILEY BROWN, Senior Circuit Judge. Plaintiffs, a group of former cadets in the City of Cleveland's ("City") police academy, appeal from the district court's grant of summary judgment against them in this action under 42 U.S.C. § 1983 (1988). The plaintiffs contend that the City violated their ...
No. 92-3140
8 F.3d 1455 (1993) | Cited 332 times
... McKAY, Chief Judge. Mr. Vincent Perdue appeals his conviction in federal district court for possession of marijuana with intent to distribute, 21 U.S.C. 841(a)(1) and (b)(1)(B), and use of a firearm in relation to a drug trafficking offense, 18 U.S.C. 924(c)(1). Mr. Perdue alleges that two ...
No. 295 / 97-850
592 N.W.2d 24 (1999) | Cited 331 times
... Appeal from the Iowa District Court for Black Hawk County, George Stigler, Judge. The defendant appeals his convictions of several drug offenses. AFFIRMED. A jury found the defendant, Paul Greene, guilty of multiple drug offenses. Greene appeals his convictions, raising three issues: (1) the ...
No. 81-1802
103 S. Ct. 1081 (1983) | Cited 329 times
... JUSTICE REHNQUIST delivered the opinion of the Court. A beeper is a radio transmitter, usually battery operated, which emits periodic signals that can be picked up by a radio receiver. In this case, a beeper was placed in a five-gallon drum containing chloroform purchased by one of respondent's ...
No. 97-1666
149 F.3d 180 (1998) | Cited 321 times
... ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Criminal No. 92-cr-00223-3) Argued on October 28, 1997 (Filed July 6, 1998) OPINION OF THE COURT Michael Dent appeals his conviction for conspiracy to distribute crack cocaine in violation of 21 ...
No. 00-1502
273 F.3d 682 (2001) | Cited 315 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2001 FED App. 0418P (6th Cir.) Argued: September 19, 2001 GUY, J., delivered the opinion of the court, in which HULL, D. J., joined. MOORE, J. (pp. 9-14), delivered a separate dissenting opinion. ...
No. 93-2970
40 F.3d 910 (1994) | Cited 314 times
... MAGILL, Circuit Judge. Gregory B. Bloomfield (a.k.a. Earl Marcum Johnson) appeals the district court's 1 denial of his motion to suppress evidence seized during a search of his rental truck following a traffic stop. Bloomfield entered a conditional plea of guilty to possession with intent to ...
No. 04-30091
420 F.3d 1062 (2005) | Cited 313 times
... FOR PUBLICATION Argued and Submitted March 8, 2005 -- Seattle, Washington Before: Ferdinand F. Fernandez, A. Wallace Tashima, and Ronald M. Gould, Circuit Judges. Dissent by Judge Tashima OPINION Defendant-Appellant William Weiland appeals his conviction and sentence for one count of ...
No. 05-4884
470 F.3d 550 (2006) | Cited 313 times
... PUBLISHED Argued: September 21, 2006 Before WILKINSON and DUNCAN, Circuit Judges, and Richard L. VOORHEES, United States District Judge for the Western District of North Carolina, sitting by designation. Affirmed by published opinion. Judge Duncan wrote the opinion, in which Judge Wilkinson and ...
No. 00-56233
264 F.3d 817 (2001) | Cited 307 times
... FOR PUBLICATION Argued and Submitted April 4, 2001--Pasadena, California Opinion by Judge Silverman; Dissent by Judge Ferguson OPINION Plaintiffs appeal the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their 42 U.S.C. § 1983, RICO, unfair business practices, and battery claims. The ...
No. 90-6171
928 F.2d 592 (1991) | Cited 302 times
... KEARSE, Circuit Judge Plaintiffs Maria Rivera et al. appeal from a final judgment of the United States District Court for the Southern District of New York, Michael B. Mukasey, Judge, dismissing their complaint which sought damages from the United States, certain of its law enforcement agents, and ...
No. 07-513
129 S.Ct. 695 (2009) | Cited 288 times
... Opinion of the Court 555 U. S. ____ (2009) The Fourth Amendment forbids "unreasonable searches and seizures," and this usually requires the police to have probable cause or a warrant before making an arrest. What if an officer reasonably believes there is an outstanding arrest warrant, but that ...
Nos. 87-5042, 87-5045
866 F.2d 1071 (1989) | Cited 285 times
... Opinion Alarcon In these consolidated appeals, Antonio De La Renta (De La Renta) and Juan Castillo, also known as Luis Hong Rojas (Castillo) (collectively appellants) seek reversal of their convictions for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) ...
S094490
28 Cal.4th 457 (2002) | Cited 284 times
... Sections 11357 and 11358 of the Health and Safety Code make it a crime to possess and cultivate marijuana. 1 At the general election held on November 5, 1996, the electors approved an initiative statute designated on the ballot as Proposition 215 and entitled "Medical Use of Marijuana." In ...
No. 04-623
126 S.Ct. 904 (2006) | Cited 282 times
... 546 U. S. ____ (2006) The question before us is whether the Controlled Substances Act allows the United States Attorney General to prohibit doctors from prescribing regulated drugs for use in physician-assisted suicide, notwithstanding a state law permitting the procedure. As the Court has ...
No. E1997-00142-SC-R11-CD, Knox Criminal
12 S.W.3d 420 (2000) | Cited 270 times
... Cecil Crowson, Jr. Appellate Court Clerk FOR PUBLICATION Hon. Richard Baumgartner, Judge OPINION JUDGMENT OF TRIAL COURT AND COURT OF CRIMINAL APPEALS REVERSED; CONVICTION VACATED; CHARGE DISMISSED. The dispositive issue in this appeal is whether a "seizure" within the meaning of the Fourth ...
No. 85-3117
791 F.2d 1394 (1986) | Cited 269 times
... BEFORE: FLETCHER, ALARCON, and WIGGINS, Circuit Judges. FLETCHER, C.J. After his pretrial motion to suppress evidence was denied, Candelario Angulo-Lopez entered a conditional guilty plea to two counts of violation of 21 U.S.C. § 841(a)(1), possession of a controlled substance with intent to ...
No. 09-1141
588 F.3d 531 (2009) | Cited 256 times
... Submitted: September 25, 2009 Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges. David E. Wise appeals the district court's 1 admission of his post-Miranda 2 statements to detectives, the denial of his motion to suppress evidence, and his conviction for conspiracy to manufacture ...
No. 98-9349
120 S.Ct. 1462 (2000) | Cited 252 times
... Opinion of the Court BOND v. UNITED STATES On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit This case presents the question whether a law enforcement officer's physical manipulation of a bus passenger's carry-on luggage violated the Fourth Amendment's ...
No. 88-4831
873 F.2d 796 (1989) | Cited 249 times
... Before RUBIN, POLITZ, and JOHNSON, Circuit Judges. RUBIN, Circuit Judge: A defendant indicted for participation with 169 others in an extensive drug trafficking conspiracy appeals the district court's refusal to release him from custody based on the risk that he will flee and the risk that he ...
No. 02S01-9604-CC-00035
978 S.W.2d 861 (1998) | Cited 243 times
... FOR PUBLICATION Madison Circuit Hon. Whit LaFon, Judge AFFIRMED. We granted this appeal to consider two issues: 1) whether the investigative automobile stop in this case was based upon reasonable suspicion, supported by specific and articulable facts, that a crime was being committed; and 2) ...
No. 84-5128
762 F.2d 775 (1985) | Cited 241 times
... Order AND AMENDED OPINION Opinion by Judge Poole POOLE, Circuit Judge: Stanley Mills Stanert appeals his conviction for conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. § 846. He contends that the district court improperly denied his pretrial ...
Docket No. 11-4087-mv
704 F.3d 208 (2013) | Cited 240 times
... 11-4087-mv Purdue Pharma L.P. v. Commonwealth of Kentucky Submitted: March 6, 2012 Before: CHIN, Circuit Judge; and UNDERHILL, 1 District Judge. 2 Petition for leave to appeal pursuant to 28 U.S.C. § 1453(c) following order of remand by 32 the United States District Court for the Southern ...
2d Juv. No. B144451
90 Cal.App.4th 766 (2001) | Cited 239 times
... Robyn R. appeals from an order terminating her parental rights (Welf. & Inst. Code, § 366.26., subd. (b)(1)) 1 and an order denying a section 388 petition to return her children. The trial court found that the children were adoptable and that adoption was the least detrimental placement ...
No. 93-2104
28 F.3d 1046 (1994) | Cited 237 times
... EBEL, Circuit Judge. Defendant/Appellant Manuel Melendez-Garcia, appeals from a conditional guilty plea to charges of conspiracy, in violation of 21 U.S.C. 846, aiding and abetting, in violation of 18 U.S.C. 2, and possession with intent to distribute less than 50 kilograms of marijuana, in ...
No. 50S03-0408-CR-382
824 N.E.2d 356 (2005) | Cited 236 times
... We hold that a search of trash recovered from the place where it is left for collection is permissible under the Indiana Constitution, but only if the investigating officials have an articulable basis justifying reasonable suspicion that the subjects of the search have engaged in violations of law ...
No. 89-10121
911 F.2d 272 (1990) | Cited 236 times
... NELSON, Circuit Judge. Defendant/Appellant Edward Terry was convicted for being a felon in possession of a firearm. He had been indicted on two drug related counts as well as the firearm count. There was a mistrial on the drug counts. Terry appeals his conviction on four grounds. He argues that ...
No. 00-2789
288 F.3d 91 (2002) | Cited 234 times
... PRECEDENTIAL Argued: July 24, 2001 OPINION OF THE COURT Following his conditional guilty plea to the illegal possession of various firearms and narcotics, Marco Burton appeals the District Court's denial of his motion to suppress evidence based upon alleged violations of his Fourth Amendment ...
No. 85-1630
793 F.2d 957 (1986) | Cited 232 times
... Before HEANEY, ARNOLD, and WOLLMAN, Circuit Judges. WOLLMAN, Circuit Judge. This appeal from an order suppressing evidence raises issues regarding the omission from a search warrant affidavit of information allegedly relevant to the judicial officer's determination of the reliability of the ...
Nos. 89-5003, 89-5038
895 F.2d 932 (1990) | Cited 231 times
... WILKINS, Circuit Judge: Ian Gordon appeals his conviction of possession of cocaine with the intent to distribute. 21 U.S.C.A. § 841(a)(1) (West 1981). He claims violations of the fourth and fifth amendments and that the district court erroneously denied him offense level reductions for acceptance ...
No. 80-1349
102 S. Ct. 812 (1982) | Cited 231 times
... CHIEF JUSTICE BURGER delivered the opinion of the Court. We granted certiorari to consider whether a police officer may, consistent with the Fourth Amendment, accompany an arrested person into his residence and seize contraband discovered there in plain view. I On the evening of January 21, ...
Nos. 98-2250, 98-2478, 98-3880 (consolidated)
203 F.3d 507 (2000) | Cited 230 times
... Argued January 4, 2000 Vincent J. Krocka filed suit against the City of Chicago, Chicago Police Department ("CPD"), and several individual decisionmakers, (the "Defendants"), under the Americans with Disabilities Act ("ADA"), 42 U.S.C. sec. 12101, et seq.; 42 U.S.C. sec. 1983; and state tort law. ...
No. 74-759
96 S. Ct. 335 (1975) | Cited 225 times
... MR. JUSTICE POWELL delivered the opinion of the Court. The issue in this case is whether persons who are registered under the Controlled Substances Act (CSA or Act), 84 Stat. 1242, 21 U.S.C. § 801 et seq., can be prosecuted under § 841 for dispensing or distributing controlled substances. The ...
No. 09-2195
641 F.3d 898 (2011) | Cited 221 times
... Submitted: October 20, 2010 Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. Appellant Kevin Chambers brought this action against three law enforcement officers pursuant to 42 U.S.C. § 1983. He alleged that the officers violated his rights under the Fourth Amendment by using excessive ...
No. 01-8020
293 F.3d 1213 (2002) | Cited 219 times
... PUBLISH Petitioner Orlando Mora appeals the district court's denial of his motion to vacate, set aside, or correct his sentence, filed pursuant to 28 U. S. C. § 2255. We have previously granted a certificate of appealability, and we now AFFIRM. I. Background On February 23, 1998, the Hot Springs ...
No. 03-30437
377 F.3d 464 (2004) | Cited 217 times
... PUBLISHED In this case we are called upon to consider the impact on the federal Sentencing Guidelines of the Supreme Court's recent opinion in Blakely v. Washington, 124 S. Ct. 2531 (June 24, 2004). Defendant Francisco D. Pineiro was convicted in the district court of violating the federal ...
No. 99-20856
218 F.3d 409 (2000) | Cited 216 times
... Appeal from the United States District Court for the Southern District of Texas After a bench trial, Javier Ceballos-Torres was found guilty of possession with intent to distribute cocaine, 21 U.S.C. § 841, and knowing possession of a firearm in furtherance of a drug trafficking offense, 18 U.S.C. ...
No. 00-151
532 U.S. 483 (2001) | Cited 216 times
... On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit The Controlled Substances Act, 84 Stat. 1242, 21 U. S. C. §801 et seq., prohibits the manufacture and distribution of various drugs, including marijuana. In this case, we must decide whether there is a medical ...
No. 91-1974, No. 91-1975
966 F.2d 707 (1992) | Cited 213 times
... SELYA, Circuit Judge. Defendants Felix Nunez Molina (Nunez) and Ruben Ortiz De Jesus (Ortiz) were convicted of aiding and abetting a drug-trafficking operation. Both men appeal. We affirm their convictions but remand for resentencing as to Nunez. I. BACKGROUND We summarize the relevant events, ...
No. 95-1140
561 N.W.2d 37 (1997) | Cited 213 times
... After a bench trial, defendant, Kevin Montgomery Thomas, was convicted of the offenses of possession of crack cocaine with intent to deliver and failure to attach a drug tax stamp. On appeal, he argues that the State failed to present sufficient evidence to support those convictions. The court of ...
No. 03-1008
362 F.3d 786 (2004) | Cited 212 times
... Argued November 7, 2003 Opinion for the Court filed by Circuit Judge RANDOLPH. Opinion concurring in part and concurring in the judgment filed by Circuit Judge ROBERTS. Ephedrine is an active ingredient in over-the-counter medications for the treatment of asthma and nasal congestion. Ephedrine ...
No. 06-10088
483 F.3d 739 (2007) | Cited 210 times
... [PUBLISH] Before CARNES, PRYOR and FARRIS, 1 Circuit Judges. The main question presented in these cross-appeals is the contention of the government that John Windell Clay's 60-month sentence for possessing methamphetamine precursors is unreasonably lenient, when the advisory Guidelines range was ...
C9-98-968
604 N.W.2d 84 (2000) | Cited 209 times
... Dissenting, Gilbert, J., Blatz, C.J. and Anderson, Russell A., J. Heard, considered and decided by the court en banc. OPINION Appellant was driving a friend's car when he was pulled over by Minneapolis police officers, who suspected the car was stolen because it had a broken side window. We ...
No. 98-6157
205 F.3d 867 (2000) | Cited 207 times
... File Name: 00a0074p.06 Argued: August 10, 1999 KRUPANSKY, J., delivered the opinion of the court, in which BOGGS, J., joined. CLAY, J. (pp. 21-23), delivered a separate dissenting opinion. OPINION The defendants-appellants Clay County, Tennessee ("the County"), Sheriff Cecil "Chinn" Anderson ...
No. 00-3296
246 F.3d 301 (2001) | Cited 207 times
... As amended June 12, 2001. Argued on December 7, 2000 Filed: April 5, 2001 OPINION OF THE COURT The Virgin Islands police arrested appellee Alex Hodge after he discarded two bags of crack cocaine while fleeing from police. Following the arrest and based on the affidavit of officer Samuel ...
Number 72259-5
148 Wash.2d 738 (2003) | Cited 206 times
... Oral Argument Date: 11/14/2002 Concurring: Gerry L. Alexander Charles W. Johnson Barbara A. Madsen Faith E Ireland Bobbe J. Bridge Tom Chambers Susan J. Owens Dissenting: Richard B. Sanders En Banc Petitioner Adam Lamour Acrey, a juvenile born March 4, 1988, seeks discretionary review of a ...
No. 94-5839
65 F.3d 1105 (1995) | Cited 204 times
... RUSSELL, Circuit Judge: On August 30, 1994, Defendant-Appellant Steve Leshuk agreed to a conditional guilty plea for aiding and abetting the manufacture of marijuana in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1). In signing the plea agreement, Leshuk preserved his right to file this ...
97-SC-000133-DG
967 S.W.2d 6 (1998) | Cited 202 times
... JUSTICE GRAVES. Cooper, Graves, Johnstone, Lambert and Wintersheimer, J.J. concur. Stumbo, J., Dissents in a separate opinion in which Stephens, C.J., joins. OPINION OF THE COURT JUSTICE GRAVES AFFIRMING Appellant, Cynthia Adcock, was convicted in the Jefferson Circuit Court for trafficking in ...
No. CX-83-1672
366 N.W.2d 265 (1985) | Cited 200 times
... 1. Evidence seized in reliance upon a search warrant was admissible at trial because the search warrant was based upon probable cause. 2. The evidence was sufficient to show that appellant constructively possessed marijuana. 3. The trial court did not err in denying appellant's motion to disclose ...
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