Legal Opinion

United States v. Errol MacDonald

Court of Appeals for the Second Circuit

Decided October 1, 1990No. 277, Dockets 89-1262, 89-1263PublishedCited by 165 opinions

1Opinion of the Court

ALTIMARI, Circuit Judge:

We granted rehearing in banc to consider (1) whether a warrantless entry was lawful pursuant to the exigent circumstances exception to the warrant requirement of the Fourth Amendment, and if so, (2) whether law enforcement agents improperly created the exigent circumstances. These issues arise from defendant Errol MacDonald’s appeal from a judgment entered in the United States District Court for the Southern District of New York (Robert J. Ward, Judge) convicting MacDonald, after a jury trial, of possession with intent to distribute cocaine in violation of 21 U.S.C. §§…

2Cases cited36 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. Boyd v. United StatesSupreme Court of the United States · 1886
  4. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  5. Horton v. CaliforniaSupreme Court of the United States · 1990

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3Cited by165 opinions

  1. Kentucky v. KingSupreme Court of the United States · 2011
  2. Terebesi v. TorresoCourt of Appeals for the Second Circuit · 2014
  3. Anthony v. City of New YorkCourt of Appeals for the Second Circuit · 2003
  4. Maureen Tierney, for Herself and as Mother of Philip T. Newton, Patrick J. Newton v. Joel R. Davidson Thomas E. Williams, State of VermontCourt of Appeals for the Second Circuit · 1998
  5. Southerland v. City of New YorkCourt of Appeals for the Second Circuit · 2012

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