Legal Opinion

United States v. James Erwin, Jr.

Court of Appeals for the Sixth Circuit

Decided September 17, 1998No. 94-1766PublishedCited by 176 opinions

1Opinion of the Court

RYAN, J., delivered the opinion of the court, in which MERRITT, KENNEDY, NELSON, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, JJ., joined. MARTIN, C.J. (pp. 825-828), delivered a separate dissenting opinion, in which JONES, MOORE, and COLE, JJ., joined.

OPINION

RYAN, Circuit Judge.

We granted en banc review in this case, primarily to decide two questions about the warrantless search of the defendant’s motor vehicle.

They are:

• Whether, once two law enforcement officers’ suspicion that defendant James Erwin, Jr. was driving while intoxicated proved to be unwarranted, they were…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Florida v. RoyerSupreme Court of the United States · 1983
  4. United States v. SokolowSupreme Court of the United States · 1989
  5. United States v. HensleySupreme Court of the United States · 1985

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

3Cited by176 opinions

  1. United States v. John Jay Hill and Malcolm Scott HillCourt of Appeals for the Sixth Circuit · 1999
  2. United States v. Scottie Ray HurstCourt of Appeals for the Sixth Circuit · 2000
  3. James W. Smoak v. Eric Hall, David Bush Jeff Phann Tim McHood Brian Brock Jerry Andrews, LieutenantCourt of Appeals for the Sixth Circuit · 2006
  4. Ellis v. United StatesCourt of Appeals for the First Circuit · 2002
  5. United States v. Kevin Davis (03-1451) and Keith Presley (03-1621)Court of Appeals for the Sixth Circuit · 2005

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

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