Legal Opinion

United States v. Stanley Mills Stanert

Court of Appeals for the Ninth Circuit

Decided August 28, 1985No. 84-5128PublishedCited by 216 opinions

1Opinion of the Court

POOLE, Circuit Judge:

Stanley Mills Stanert appeals his conviction for conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. § 846. He contends that the district court improperly denied his pretrial motion to suppress evidence found at his residence and challenges the sufficiency and accuracy of the affidavit used to obtain the search warrant. We agree with appellant that he is entitled to an evidentiary hearing to challenge the validity of the search warrant.

I. Facts

On 7 December 1983, a California Municipal Court Judge issued a telephonic search…

2Cases cited19 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Franks v. DelawareSupreme Court of the United States · 1978
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Jones v. United StatesSupreme Court of the United States · 1960

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3Cited by216 opinions

  1. United States v. Juan Castillo, Aka: Luis Hong Rojas, United States of America v. Antonio De La RentaCourt of Appeals for the Ninth Circuit · 1989
  2. Crowe v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2010
  3. Liston v. County of RiversideCourt of Appeals for the Ninth Circuit · 1997
  4. Al-Kidd v. AshcroftCourt of Appeals for the Ninth Circuit · 2009
  5. United States v. Michael J. McNeese and Laura ConwellCourt of Appeals for the Seventh Circuit · 1990

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

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