Legal Opinion

United States v. John J. Brennan

Court of Appeals for the Fifth Circuit

Decided September 13, 1976No. 75-3939PublishedCited by 100 opinions

1Opinion of the Court

CLARK, Circuit Judge:

A warrantless search of defendant’s airplane disclosed the marijuana on which his convictions were based. Its validity is the only issue on appeal. Our rejection of the district court’s rationale that the airport at which the search occurred was the functional equivalent of the border requires that we examine the authority of the searching Customs agent. Having concluded that, after United States v. Almeida-Sanchez, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), Customs agents possess no authority to search on less than probable cause at points removed from the…

2Cases cited57 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Carroll v. United StatesSupreme Court of the United States · 1925
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Spinelli v. United StatesSupreme Court of the United States · 1969

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

3Cited by100 opinions

  1. United States v. Orson G. White, United States of America v. Lawrence AndersonCourt of Appeals for the D.C. Circuit · 1981
  2. United States v. Houshang SheikhCourt of Appeals for the Fifth Circuit · 1981
  3. United States v. CadenaCourt of Appeals for the Fifth Circuit · 1978
  4. United States v. Leonor Amanda Afanador and Blanca Nubia Vidal-GarciaCourt of Appeals for the Fifth Circuit · 1978
  5. United States v. Raymond RichardsCourt of Appeals for the Fifth Circuit · 1981

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

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