Legal Opinion

United States v. Roy L. Capps

Court of Appeals for the Ninth Circuit

Decided February 18, 1971No. 25697PublishedCited by 40 opinions

1Opinion of the Court

TRASK, Circuit Judge:

The government appeals from the district court’s order suppressing the use of a machine gun as evidence in the prosecution of appellee for the unlawful possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). 1 The jurisdiction of this court to review the granting of the motion to suppress is conferred by 18 U.S.C. § 3731.

On October 14, 1969, Agent Dale Chorpenning, a special investigator of the Alcohol, Tobacco and Firearms Division of the Treasury Department, obtained a search warrant for a certain green 1968 Pontiac Firebird. The affidavit in support…

2Cases cited21 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Jones v. United StatesSupreme Court of the United States · 1960
  3. Chambers v. MaroneySupreme Court of the United States · 1970
  4. Ker v. CaliforniaSupreme Court of the United States · 1963
  5. Alderman v. United StatesSupreme Court of the United States · 1969

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

3Cited by40 opinions

  1. United States v. Victor F. MaganaCourt of Appeals for the Ninth Circuit · 1975
  2. State v. BooneSupreme Court of North Carolina · 1977
  3. United States v. Charles Eddie EvansCourt of Appeals for the Ninth Circuit · 1973
  4. United States v. FreieCourt of Appeals for the Ninth Circuit · 1976
  5. United States v. KimDistrict Court, D. Hawaii · 1976

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

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