Legal Opinion
United States v. Frank Gervato
Court of Appeals for the Third Circuit
Decided January 26, 1973No. 72-1334PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge.
We review in this case the validity of a district court decision that a warrant to search a private dwelling cannot constitutionally be executed in the known absence of the occupant unless exigent circumstances exist. As far as we know, this question has not been decided by either the Supreme Court or any federal court of appeals.
On March 24, 1971, agent Glanz of the Federal Bureau of Narcotics and Dangerous Drugs (BNDD) obtained a warrant authorizing him to search appellee Frank Gervato’s apartment in the daytime for Dimethyltryptamine, a…
2Cases cited18 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Boyd v. United StatesSupreme Court of the United States · 1886
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
- Alderman v. United StatesSupreme Court of the United States · 1969
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Dalia v. United StatesSupreme Court of the United States · 1979
- United States v. Barbara E. Stefonek, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1999
- Tawa Ayeni v. James MottolaCourt of Appeals for the Second Circuit · 1994
- Fisher v. VolzCourt of Appeals for the Third Circuit · 1974
- United States v. Salvatore Ross AgrusaCourt of Appeals for the Eighth Circuit · 1976
44 more not listed; retrieve them via the Exa API.