Legal Opinion

United States v. Joseph Charles Gramlich, A/K/A Joseph Charles Harris, James Allen Burch, Myrton Ray Lerstang & Joseph Keven Lawless

Court of Appeals for the Fifth Circuit

Decided May 13, 1977No. 76-2450PublishedCited by 48 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

In this appeal the appellants principally challenge the search of a dwelling that unearthed incriminating evidence used at trial. We agree that the search was invalid due to a lack of probable cause, but find the error harmless in this instance. We also find no merit to the other alleged points of error. Consequently, we affirm.

I. Facts

This story began when a ship containing a large supply of marijuana ran aground off the coast of Colombia. That ship was registered to one of the appellants, Lerstang. The Drug Enforcement Agency (DEA) from that point on began to keep…

2Cases cited24 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Jones v. United StatesSupreme Court of the United States · 1960
  4. Leary v. United StatesSupreme Court of the United States · 1969
  5. Pereira v. United StatesSupreme Court of the United States · 1954

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

3Cited by48 opinions

  1. United States v. Gregory James Freeman and David Lyle Boese, A/K/A Dennis Phillip Stevens and David SterlingCourt of Appeals for the Fifth Circuit · 1982
  2. United States v. Thomas James SavocaCourt of Appeals for the Sixth Circuit · 1985
  3. United States v. DeSimoneCourt of Appeals for the Fifth Circuit · 1981
  4. United States v. Theodore Duane McKinneyCourt of Appeals for the Fifth Circuit · 1985
  5. Seeley v. StateWashington Supreme Court · 1997

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

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