Legal Opinion

Gundlach v. Janing

District Court, D. Nebraska

Decided October 13, 1975No. Civ. 75-0-177PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

DENNEY, District Judge.

This habeas corpus case comes before the Court pursuant to Title 28 U.S.C. § 2254 subsequent to the submission of briefs and a stipulation that the case be decided on the record of the state court proceedings.

Petitioner’s application for writ of habeas corpus presents the question of whether a search conducted by a private person after his contact with the police is a governmental search in violation of the fourth and fourteenth amendments.

Petitioner was tried by jury in the District Court of Douglas County, Nebraska, and found guilty on February 22, 1974,…

2Cases cited27 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Boyd v. United StatesSupreme Court of the United States · 1886
  4. Elkins v. United StatesSupreme Court of the United States · 1960
  5. Burton v. Wilmington Parking AuthoritySupreme Court of the United States · 1961

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3Cited by7 opinions

  1. United States v. Howard Eugene MillerCourt of Appeals for the Ninth Circuit · 1982
  2. State v. MataNebraska Supreme Court · 2003
  3. State v. AgeeCourt of Appeals of Washington · 1976
  4. State v. BohannonCourt of Appeals of Kansas · 1979
  5. Jerry G. Gundlach v. Theodore J. Janing, SheriffCourt of Appeals for the Eighth Circuit · 1976

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