Legal Opinion

United States v. Billy Charles Prescott

Court of Appeals for the Fifth Circuit

Decided July 20, 1979No. 78-5781PublishedCited by 51 opinions

1Opinion of the Court

CHARLES CLARK, Circuit Judge:

The appellant Billy Charles Prescott was convicted for possession of a firearm by a convicted felon, in violation of 18 U.S.C. App. § 1202(a)(1). The sole issue on appeal is whether the firearm that formed the basis of the prosecution was the product of an illegal search of the appellant’s vehicle.

On the night of July 10, 1977, Officer Alan W. Ellidge of the Portland, Texas police force observed a car operating erratically on U.S. Highway 181 in Portland. After following the weaving vehicle for about two miles, Ellidge stopped the car. The vehicle was an “El…

2Cases cited10 opinions

  1. South Dakota v. OppermanSupreme Court of the United States · 1976
  2. Cady v. DombrowskiSupreme Court of the United States · 1973
  3. United States v. EdwardsCourt of Appeals for the Fifth Circuit · 1978
  4. United States v. Jerry Eugene GravittCourt of Appeals for the Fifth Circuit · 1974
  5. United States v. Melvin Wayne HallCourt of Appeals for the Fifth Circuit · 1978

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3Cited by51 opinions

  1. United States v. Barry Jay FeldmanCourt of Appeals for the Ninth Circuit · 1986
  2. United States v. Ronald Glen ShawCourt of Appeals for the Fifth Circuit · 1983
  3. United States v. George M. Khoury, Howard Kluver, David W. West, Louis H. ChippasCourt of Appeals for the Eleventh Circuit · 1990
  4. United States v. Calvin Lamar Bosby, Alan Maurice Ticey, and Charles F. Hill, Jr.Court of Appeals for the Eleventh Circuit · 1982
  5. United States v. Davida Ross Staller and David Owen SaundersCourt of Appeals for the Fifth Circuit · 1980

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

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