Legal Opinion · Concurrence

United States v. Richter

Court of Appeals for the Armed Forces

Decided August 9, 1999No. 98-0109/APublished

1ConcurrenceCrawford, Judge

In addition to finding that there was a lawful stop, a plain view search and seizure, and a valid search of the truck under the automobile exception, I would also hold that there was probable cause for an arrest and a search incident to that arrest.

Additionally, I would hold that there was a valid consent to search based on appellant’s signing a written consent to search after being advised of his rights. I would excise from consideration of the consent to search the house, the call by appellant’s friend who said that the police had a search warrant, since this information was not mentioned…

2Cases cited12 opinions

  1. Arizona v. FulminanteSupreme Court of the United States · 1991
  2. New York v. BeltonSupreme Court of the United States · 1981
  3. United States v. William Michael Faruolo and Anthony BernardezCourt of Appeals for the Second Circuit · 1974
  4. United States v. John A. HenningCourt of Appeals for the Tenth Circuit · 1990
  5. United States v. Craig Chapman and Jack E. WrightCourt of Appeals for the Seventh Circuit · 1992

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