Legal Opinion

United States v. James Marihart

Court of Appeals for the Eighth Circuit

Decided March 6, 1974No. 73-1326, 73-1327 and 73-1370PublishedCited by 70 opinions

1Opinion of the Court

STEPHENSON, Circuit Judge.

The principal issue on this appeal concerns the extent to which inaccuracies or misrepresentations in an affidavit by a police official vitiates a search warrant issued pursuant thereto.

Defendants James Marihart, Edwin Kinsley and Michael Guerra were convicted by a jury verdict on four counts of violating 18 U.S.C. App. § 1202(a)(1), illegal possession of fire*898arms by previously convicted felons. The defendants were sentenced to two years imprisonment on Counts I, II and III to be served consecutively, and two years imprisonment on Count IV, to run concurrently with…

2Cases cited21 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. United States v. BassSupreme Court of the United States · 1971
  4. Rugendorf v. United StatesSupreme Court of the United States · 1964
  5. United States v. Robert E. CarmichaelCourt of Appeals for the Seventh Circuit · 1973

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

3Cited by70 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. United States v. ArmocidaCourt of Appeals for the Third Circuit · 1975
  3. United States v. VentoCourt of Appeals for the Third Circuit · 1976
  4. United States v. Bernard Jerome Lee, A/K/A James Wesley CarterCourt of Appeals for the Fourth Circuit · 1976
  5. United States v. Edwin Kinsley, United States of America v. Michael GuerraCourt of Appeals for the Eighth Circuit · 1975

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

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