Legal Opinion

United States v. Clara B. Penn, A/K/A Clara B. Alexander

Court of Appeals for the Ninth Circuit

Decided July 28, 1980No. 77-3918PublishedCited by 77 opinions

1Opinion of the Court

CHOY, Circuit Judge:

The district court suppressed a jar of heroin taken from the defendant’s backyard, and the government appealed under 18 U.S.C. § 3731.1 After a panel of this court had concluded that reversal was necessary, the panel suggested that the court consider the question en banc. The panel decision has been withdrawn, and the following opinion reflects the view of the majority of the court en banc.

I. Statement of the Case

Two years of Seattle police investigation led officers to believe that Clara Penn was distributing heroin from her residence. Evidence sufficient to justify a…

2Cases cited29 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Chimel v. CaliforniaSupreme Court of the United States · 1969

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

3Cited by77 opinions

  1. United States v. Luis Anthony RiveraCourt of Appeals for the Tenth Circuit · 1990
  2. United States v. Leigh Raymond TamuraCourt of Appeals for the Ninth Circuit · 1982
  3. Fred Tarpley, Sr. v. Raymond J. GreeneCourt of Appeals for the D.C. Circuit · 1982
  4. United States v. Darrel Paterson Simpson, Robert MacRiner Anderson, and James Roy FreemanCourt of Appeals for the Ninth Circuit · 1987
  5. United States v. Mohammed IsmailCourt of Appeals for the Sixth Circuit · 1985

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

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