Legal Opinion

United States v. Yanez

District Court, S.D. Texas

Decided May 31, 2007No. Criminal Action H-06-441PublishedCited by 4 opinions

1Opinion of the Court

MemoRandum Opinion & Order

MILLER, District Judge.

I. Introduction

The Government has charged defendant Gabriel Yanez with the unlawful possession of a short-barreled firearm in violation of 26 U.S.C. §§ 5841, 5861(d), & 5871. Houston Police Department (“HPD”) officers seized the sawed-off shotgun during a war-rantless search of the defendant’s home on October 24, 2006. Pending before the court is defendant’s motion to suppress the shotgun obtained during the search and any statements obtained in violation of Miranda and its progeny or the fruit of the poisonous tree doctrine. After considering…

2Cases cited55 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Wong Sun v. United StatesSupreme Court of the United States · 1963
  4. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  5. Mapp v. OhioSupreme Court of the United States · 1961

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3Cited by4 opinions

  1. Commonwealth v. CarnesMassachusetts Appeals Court · 2012
  2. People v. LealCalifornia Court of Appeal · 2009
  3. People v. LealCalifornia Court of Appeal · 2009
  4. People v. LealCalifornia Court of Appeal · 2008

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