Legal Opinion

United States v. Purcell

Court of Appeals for the Sixth Circuit

Decided May 29, 2008No. 07-5517PublishedCited by 36 opinions

1Opinion of the CourtMoore, J., joined by Gilman, J.,

SUTTON, J. (pp. 965-68), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this case we are asked whether the discovery of men’s clothing in a bag that a female claimed to own erases for future bags the apparent authority that justified the officers’ warrantless search of the first bag, thereby making a subsequent search illegal. We hold that the discovery of men’s clothing eviscerated any apparent authority, but that the officers could have reestablished apparent authority by asking the supposed bag owner to verify her control…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Mincey v. ArizonaSupreme Court of the United States · 1978
  3. United States v. MatlockSupreme Court of the United States · 1974
  4. Illinois v. RodriguezSupreme Court of the United States · 1990
  5. Florida v. JimenoSupreme Court of the United States · 1991

11 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Brooks v. RotheCourt of Appeals for the Sixth Circuit · 2009
  2. State v. MeeksTennessee Supreme Court · 2008
  3. Neil Morgan v. Fairfield Cty., OhioCourt of Appeals for the Sixth Circuit · 2018
  4. McKenna v. EdgellCourt of Appeals for the Sixth Circuit · 2010
  5. United States v. AdamsCourt of Appeals for the Sixth Circuit · 2009

31 more not listed; retrieve them via the Exa API.

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