Legal Opinion

Bailey v. United States

Court of Appeals for the Fifth Circuit

Decided November 26, 2007No. 07-40309PublishedCited by 32 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Mitchell Bailey appeals the district court’s dismissal of his motion seeking the return of property seized from him at his arrest and grant of the government’s motion to dismiss. For the following reasons, we AFFIRM in part, REVERSE in part, and REMAND.

I

Bailey was arrested on January 29, 2000 at a Border Patrol checkpoint in Falfurri-as, Texas when agents discovered marijuana concealed inside the trailer load of cabbage he was towing. Law enforcement officers seized cash and other personal property from Bailey at the time of his arrest. Bailey contends that the…

2Cases cited11 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Dusenbery v. United StatesSupreme Court of the United States · 2002
  3. William Hamilton Gartrell v. R.S. GaylorCourt of Appeals for the Fifth Circuit · 1993
  4. Andre Lopez Polanco v. U.S. Drug Enforcement AdministrationCourt of Appeals for the Second Circuit · 1998
  5. Luis Mora v. United StatesCourt of Appeals for the Second Circuit · 1992

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

3Cited by32 opinions

  1. Gerardo Serrano v. U.S. Customs and BorderCourt of Appeals for the Fifth Circuit · 2020
  2. Diaz v. United StatesCourt of Appeals for the Second Circuit · 2008
  3. Jackson v. United StatesCourt of Appeals for the Eighth Circuit · 2008
  4. Tampico v. MartinezCourt of Appeals for the Fifth Circuit · 2021
  5. Stuart v. RechCourt of Appeals for the Seventh Circuit · 2010

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

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