Legal Opinion
United States v. John Thomas Daly
Court of Appeals for the Fifth Circuit
Decided May 2, 1974No. 72-3304PublishedCited by 9 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The critical issue in this case is the validity of a border search that occurred before the Supreme Court decided Al-meida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596. In Miller v. United States, 5 Cir. 1974, 492 F.2d 37 this Court recently held that Almeida-Sanchez must be given prospective effect only; that decision is applicable, therefore, only to searches and seizures taking place after June 21, 1973. We hold that in this case, under pre-Almeida-Sanchez standards, the challenged search was valid. We affirm.
At about 1:00 a. m., July…
2Cases cited13 opinions
- Almeida-Sanchez v. United StatesSupreme Court of the United States · 1973
- Ben Edward Alexander v. United StatesCourt of Appeals for the Ninth Circuit · 1966
- Hubert Junior Walker v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Sergio Ruvalcaba Ramirez v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- United States v. Ernest Wesley MillerCourt of Appeals for the Fifth Circuit · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Lawrence Edward HartCourt of Appeals for the Fifth Circuit · 1975
- United States v. Guiseppe BarberaCourt of Appeals for the Second Circuit · 1975
- United States v. Juan Cantu, Michael Neil Emigh, and David Edward MichaudCourt of Appeals for the Fifth Circuit · 1974
- United States v. Sharon Maria Newell and Maria Del Socorro Franco GuerraCourt of Appeals for the Fifth Circuit · 1975
- United States v. Anthony Garrett DiemlerCourt of Appeals for the Fifth Circuit · 1974
4 more not listed; retrieve them via the Exa API.