Legal Opinion

Herbert W. Cabbler v. Superintendent, Virginia State Penitentiary

Court of Appeals for the Fourth Circuit

Decided December 8, 1975No. 74--1555PublishedCited by 39 opinions

1Opinion of the Court

WIDENER, Circuit Judge:

The petitioner Cabbler, a prisoner of the Commonwealth of Virginia, sought habeas corpus relief under 28 U.S.C. § 2254 from his convictions of grand larceny and petty larceny in the Virginia courts, alleging that evidence was admitted in his trial which had been seized from his automobile in violation of the Fourth Amendment. Based on the state record, the district court found for the petitioner, 374 F.Supp. 690 (E.D.Va. 1974), and issued the writ. From this order the Commonwealth appeals. We reverse.

Early in the morning of September 2, 1969, Cabbler was being sought by…

2Cases cited23 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Cady v. DombrowskiSupreme Court of the United States · 1973
  3. Preston v. United StatesSupreme Court of the United States · 1964
  4. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  5. Harris v. United StatesSupreme Court of the United States · 1968

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

3Cited by39 opinions

  1. South Dakota v. OppermanSupreme Court of the United States · 1976
  2. Moresi v. State, Dept. of Wildlife & FisheriesSupreme Court of Louisiana · 1990
  3. United States v. Nile SmithCourt of Appeals for the Ninth Circuit · 1986
  4. United States v. Ruben PereaCourt of Appeals for the Second Circuit · 1993
  5. Ben Collins v. John NagleCourt of Appeals for the Sixth Circuit · 1989

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

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