Legal Opinion

United States v. David L. Harper, United States of America v. Adrian A. Harper

Court of Appeals for the Ninth Circuit

Decided March 25, 1991No. 89-10515, 89-10516PublishedCited by 99 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge:

There’s a simple way for the police to avoid many complex search and seizure problems: Get a search warrant. Had they obtained a search warrant in this case — as they could well have — there would have been no motion to suppress, no hearing, no objection at trial and no thorny issues for us to resolve on appeal. But they didn’t. So once again we consume a few pages of the Federal Reporter analyzing the circumstances under which the police may enter a home without a search warrant.

Facts

The police thought David Harper was up to no good; they suspected he was…

2Cases cited13 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Maryland v. BuieSupreme Court of the United States · 1990
  4. Griffin v. WisconsinSupreme Court of the United States · 1987
  5. Steagald v. United StatesSupreme Court of the United States · 1981

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

3Cited by99 opinions

  1. United States v. Thomas Cameron KincadeCourt of Appeals for the Ninth Circuit · 2004
  2. Motley v. ParksCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. Clarence Kenneth GormanCourt of Appeals for the Ninth Circuit · 2002
  4. United States v. Phillip ColemanCourt of Appeals for the Seventh Circuit · 1994
  5. State v. BraxtonOhio Court of Appeals · 1995

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

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