Legal Opinion

United States v. James F. Phillips

Court of Appeals for the Fifth Circuit

Decided May 9, 1973No. 72-2170PublishedCited by 11 opinions

1Opinion of the Court

GODBOLD, Circuit Judge:

Appellant was convicted by a jury of violation of 21 U.S.C.A. § 174 (1972), which proscribes receiving, concealing and facilitating the transportation and concealment of a narcotic drug. There are several substantial and close issues which we need not reach because the entire ease rests upon an invalid warrant-less governmental search of a parcel while in the United States mails. The conviction must, therefore, be reversed and the prosecution dismissed.

On the basis of undisclosed information the postmaster of Ozark, Alabama, was alerted to watch for incoming parcels…

2Cases cited8 opinions

  1. Ex Parte JacksonSupreme Court of the United States · 1878
  2. Marvin Lustiger v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  3. Thelma J. Oliver v. United States of America, Charles Lee Oliver v. United StatesCourt of Appeals for the Eighth Circuit · 1957
  4. Ricardo Santana v. United StatesCourt of Appeals for the First Circuit · 1964
  5. United States v. Gerritt Johannes Van LeeuwenCourt of Appeals for the Ninth Circuit · 1969

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

3Cited by11 opinions

  1. United States v. Lewis A. ZipkinCourt of Appeals for the Sixth Circuit · 1984
  2. United States v. Jack L. ChestnutCourt of Appeals for the Second Circuit · 1976
  3. United States v. Dewey E. SouthersCourt of Appeals for the Fifth Circuit · 1978
  4. United States v. Crop Growers Corp.District Court, District of Columbia · 1997
  5. United States v. Herman FrancisCourt of Appeals for the Fifth Circuit · 1974

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

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