United States v. Richard Lee Alberty, Jr.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BARRETT, Circuit Judge.
Richard Lee Alberty, Jr. was indicted under Title 26, U.S.C. §§ 5861(d) and 5871 for unlawful possession of a firearm not registered to him. Alberty filed a Motion to Suppress. He argued that the law of Oklahoma applies in determining the legality of the arrest and seizure. The trial court found that the actions of the two Oklahoma State police officers constituted an illegal arrest of Alberty, in that it was made for a misdemeanor not committed in their pres ence. The Court found that the shotgun was illegally seized as a result of the illegal arrest. The Government…
2Cases cited13 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Elkins v. United StatesSupreme Court of the United States · 1960
- Harris v. United StatesSupreme Court of the United States · 1968
- United States v. Di ReSupreme Court of the United States · 1948
- Rios v. United StatesSupreme Court of the United States · 1960
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3Cited by11 opinions
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- United States v. Larry Gene MillerCourt of Appeals for the Tenth Circuit · 1972
- Joseph Felice Burge v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
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