United States v. Michael Johnson
Court of Appeals for the Ninth Circuit
1Opinion of the Court
PER CURIAM Opinion; Opinion by Judge FERGUSON: Opinion by Judge KOZINSKI; Concurrence by Judge TASHIMA; Concurrence by Judge RONALD M. GOULD; Concurrence by Judge PAEZ.
2Per curiam
A majority of the en banc court (Judge Ferguson, joined by Chief Judge Schroeder and Judges Pregerson, Tashima, Paez and Berzon) concludes that the officers did not have probable cause to enter Johnson’s *898property, and were not in hot pursuit when they searched the area outside the mushroom shed. That same majority also concludes that whether the search took place within the curtilage is a question that must be determined in the…
3Cases cited70 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Carroll v. United StatesSupreme Court of the United States · 1925
- Payton v. New YorkSupreme Court of the United States · 1980
- Marbury v. MadisonSupreme Court of the United States · 1803
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4Cited by386 opinions
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- O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
- People v. CoffmanCalifornia Supreme Court · 2004
- The Cetacean Community v. George W. Bush, President of the United States of America Donald H. Rumsfeld, United States of America Secretary of DefenseCourt of Appeals for the Ninth Circuit · 2004
- Armando Mena v. David LongCourt of Appeals for the Ninth Circuit · 2016
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