Legal Opinion
United States v. Apker
Court of Appeals for the Eighth Circuit
Decided April 19, 1983No. Nos. 82-1168, 82-1169, 82-1201 and 82-1242PublishedCited by 88 opinions
1Opinion of the Court
FLOYD R. GIBSON, Senior Circuit Judge.
Gary Apker, Calvin Davenport, Raymond Gearhart, and Janice Fitzgerald each appeals a conviction under 18 U.S.C. app. § 1202(a)(1) (1976) for being a felon in possession of a firearm. They make two major arguments: (1) the searches which produced the firearms admitted against them were executed pursuant to warrants which were invalid under both the Fourth and First Amendments, and (2) they were prejudiced by the joinder of a conspiracy count with the counts from which they appeal.
We find that the warrants violated the Fourth Amendment particularity…
2Cases cited61 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Gerstein v. PughSupreme Court of the United States · 1975
- United States v. VentrescaSupreme Court of the United States · 1965
56 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Nix v. WilliamsSupreme Court of the United States · 1984
- United States v. ZapataCourt of Appeals for the First Circuit · 1994
- State v. BadgettSupreme Court of Connecticut · 1986
- Bryan Kirby Barrett, Appellee/cross-Appellant v. Gerardo Acevedo, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1999
- United States v. Louis BoykinCourt of Appeals for the Eighth Circuit · 1993
83 more not listed; retrieve them via the Exa API.