Legal Opinion

United States v. Paul Howard Gumerlock, United States of America v. Marc Paul Fannon

Court of Appeals for the Ninth Circuit

Decided February 2, 1979No. 76-2732, 76-2700PublishedCited by 50 opinions

1Opinion of the Court

BROWNING, Circuit Judge:

Heroin was discovered in packages delivered to United Airlines by appellants for shipment. Appellants were charged with possession and conspiracy to possess in violation of 21 U.S.C. §§ 841(a)(1) and 846; their motions to suppress were denied and they were convicted.

On appeal, a panel of this court held the search of appellants’ packages to have been governmental, rather than private, and therefore subject to Fourth Amendment requirements, which had not been met. United States v. Fannon, 556 F.2d 961 (9th Cir. 1977). It was undisputed that the packages *796were searched…

2Cases cited20 opinions

  1. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  2. Nardone v. United StatesSupreme Court of the United States · 1939
  3. United States v. Charles Davis AKA Marcus AndersonCourt of Appeals for the Ninth Circuit · 1973
  4. Gambino v. United StatesSupreme Court of the United States · 1928
  5. Melvin Corngold v. United StatesCourt of Appeals for the Ninth Circuit · 1966

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3Cited by50 opinions

  1. United States v. Karyn Rene Walther, United States of America v. Graciela Barba-BarbaCourt of Appeals for the Ninth Circuit · 1981
  2. United States v. Howard Eugene MillerCourt of Appeals for the Ninth Circuit · 1982
  3. United States v. Lacey Lee Koenig and Lee GrafCourt of Appeals for the Seventh Circuit · 1988
  4. United States v. Thurman Reed, Jr.Court of Appeals for the Ninth Circuit · 1994
  5. John S. Pleasant v. Larry Lovell, Larry Hyatt, Vernon Pixley, Kenneth Batson and Tim FortuneCourt of Appeals for the Tenth Circuit · 1989

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