Legal Opinion

United States of America Ex Rel. Jerry Mason v. Robert E. Murphy, as Warden of Auburn State Prison, Auburn, New York

Court of Appeals for the Second Circuit

Decided October 14, 1965No. 59, Docket 29307PublishedCited by 6 opinions

1Per curiam

The petitioner appeals from the dismissal of his petition for a writ of habeas corpus. He contends that he is entitled to an evidentiary hearing in the federal court to determine whether there was probable cause for his arrest. On the resolution of this issue turns the admissibility of various items seized from him during a search immediately following his arrest and introduced into evidence against him at trial.

Mason was observed by two New York detectives entering more than twenty Brooklyn apartment houses during a period of two and a half hours, remaining in each except one for less than…

2Cases cited7 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Draper v. United StatesSupreme Court of the United States · 1959
  3. United States of America Ex Rel. Augustine Bagley v. Honorable J. E. Lavallee, as Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1964
  4. United States Ex Rel. Robert H. Boucher v. Frederick G. Reincke, Warden, Connecticut State PrisonCourt of Appeals for the Second Circuit · 1965
  5. United States of America Ex Rel. Floyd Edgar Martin, Relator-Appellant v. Daniel McMann Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1965

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3Cited by6 opinions

  1. United States v. Paul W. Botsch, Jr.Court of Appeals for the Second Circuit · 1966
  2. United States Ex Rel. Dossie Walls, Relator-Appellant v. Vincent R. Mancusi, Warden, Attica State PrisonCourt of Appeals for the Second Circuit · 1969
  3. United States v. Rudolph LewisCourt of Appeals for the Second Circuit · 1966
  4. United States of America Ex Rel. Joseph John McCullers Relator-Appellant v. Daniel McMann Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1967
  5. United States of America Ex Rel. Jack James, Relator-Appellant v. Harold W. Follette, as Warden of Green Haven Prison, at Stormville, New YorkCourt of Appeals for the Second Circuit · 1970

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