Legal Opinion

Robert E. Field v. United States

Court of Appeals for the Fifth Circuit

Decided February 19, 1959No. 17319_1PublishedCited by 28 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The question here is whether property seized in violation of the requirements of the Fourth Amendment, during the en forcement of criminal laws, is thereby insulated from statutory proceedings for the assessment and collection of Federal taxes. Stated in another way the precise problem is whether, after a final order under Fed.R.Crim.P. 41(e), 18 U.S.C.A. suppressing use of the property as evidence, the Court may decline to order an unconditional surrender and return of the property involved to the owner because, subsequent to the order of suppression but prior to…

2Cases cited18 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. Rochin v. CaliforniaSupreme Court of the United States · 1952
  3. McNabb v. United StatesSupreme Court of the United States · 1943
  4. Massachusetts v. MellonSupreme Court of the United States · 1923
  5. Wolf v. ColoradoSupreme Court of the United States · 1949

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

3Cited by28 opinions

  1. United States v. Fernando Francis, United States of America v. Clara Francis, and Fernando FrancisCourt of Appeals for the Sixth Circuit · 1981
  2. John Carlo v. United StatesCourt of Appeals for the Second Circuit · 1961
  3. United Sand and Gravel Contractors, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1980
  4. Moreno v. StateDistrict Court of Appeal of Florida · 1982
  5. United States v. William FreedmanCourt of Appeals for the Ninth Circuit · 1971

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

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