Legal Opinion · Concurring in part, dissenting in part

United States v. Donald Eugene Hickman, United States of America v. Thomas Henry Landers

Court of Appeals for the Ninth Circuit

Decided September 2, 1975No. 74-2559, 74-2560Published

1Concurring in part, dissenting in partZirpoli, District Judge

I find myself in agreement with the majority’s position on most of the contentions made by appellants. I agree that the agents had a founded suspicion to stop the load boat,1 that they need not have given Miranda warnings any sooner than they did, and the appellants had no reasonable expectation of privacy as to the registration number on the decoy boat. I see no reason to speculate on whether the agents had probable cause to search the load boat because the trial court found that Hickman had consented to the search of that boat and his finding is not clearly erroneous. See R.T. 275—76;…

2Cases cited8 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Chambers v. MaroneySupreme Court of the United States · 1970
  3. Brown v. United StatesSupreme Court of the United States · 1973
  4. Colligan v. Activities Club of New York, Ltd.Supreme Court of the United States · 1971
  5. United States v. John Bacall, United States of America v. John Bacall Imports, Ltd.Court of Appeals for the Ninth Circuit · 1971

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