Legal Opinion
United States v. James Joseph Diprima
Court of Appeals for the First Circuit
Decided January 26, 1973No. 72-1085PublishedCited by 32 opinions
1Opinion of the Court
ALDRICH, Senior Circuit Judge.
This is another of the flow of cases objecting to the fruits of a search and seizure where the police acted without a search warrant, but after a request for and a manifestation of consent. We pointed out as recently as Leavitt v. Howard, 1 Cir., 1972, 462 F.2d 992, 998, that to indicate consent, causing the police to forego the obtaining of a warrant, and then to object later, will offer a defendant an untoward advantage. Although the burden of proving consent is on the government, the claim that an apparent consent is not genuine must, for this reason, be…
2Cases cited9 opinions
- Stoner v. CaliforniaSupreme Court of the United States · 1964
- William L. Maxwell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- United States v. Charles E. Lester and Edward Anthony BuccieriCourt of Appeals for the Sixth Circuit · 1966
- Rudolph J. Nassif v. United States of America, Paul Otto Schmadebeck v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- State v. KindermanSupreme Court of Minnesota · 1965
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. Maurice Whitfield, Jr.Court of Appeals for the D.C. Circuit · 1991
- United States v. PetersonCourt of Appeals for the Fourth Circuit · 1975
- United States v. Mesa RithCourt of Appeals for the Tenth Circuit · 1999
- United States v. Deloy C. RossCourt of Appeals for the Fifth Circuit · 1975
- United States v. CaseyCourt of Appeals for the First Circuit · 2016
27 more not listed; retrieve them via the Exa API.