Legal Opinion
United States v. Hambsch
District Court, D. Maryland
Decided October 23, 1990No. Civ. S 90-0373PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
SMALKIN, District Judge.
This matter is before the Court on an appeal from a judgment of conviction for violation of 36 C.F.R. § 4.23(a)(1989) entered by United States Magistrate James E. Kenkel on September 6, 1990.
The only issue on appeal is whether the magistrate erred in accepting into evidence the results of a breath test for alcohol performed by the arresting officer. Appellant relies upon a provision of Maryland law, Cts. & Jud.Proc.Code Ann. § 10-304(b) (1989 Repl.Yol. & 1990 Supp.) which provides that “[t]he officer arresting the individual may not administer the…
2Cases cited6 opinions
- Ernest Kay v. United StatesCourt of Appeals for the Fourth Circuit · 1958
- United States v. Christopher D. WilmerCourt of Appeals for the Ninth Circuit · 1986
- United States v. Phillip BerryCourt of Appeals for the Sixth Circuit · 1989
- United States v. BrotzmanDistrict Court, D. Maryland · 1989
- United States v. KnottDistrict Court, E.D. Virginia · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. WightDistrict Court, D. Colorado · 1995