Legal Opinion
United States v. Joseph Michael Gardner
Court of Appeals for the Fifth Circuit
Decided June 10, 1977No. 76-2291PublishedCited by 67 opinions
1Opinion of the Court
RONEY, Circuit Judge:
In this proceeding the defendant appeals his two count conviction for possession of both cocaine and marijuana with intent to distribute. 21 U.S.C.A. § 841(a)(1). His sole contention: the trial court erred in denying his motion to suppress evidence seized after a warrantless entry into his home. Finding the intrusion lawful under the exigent circumstances exception to the warrant requirement, and that defendant failed to prove sufficiently a violation of the knock and announce requirements' of § 3109 to obtain suppression of the evidence, we affirm.
In May 1975, Drug…
2Cases cited15 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- McDonald v. United StatesSupreme Court of the United States · 1948
- Cardwell v. LewisSupreme Court of the United States · 1974
- Vale v. LouisianaSupreme Court of the United States · 1970
10 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- United States v. Nancy Reed and Morris Goldsmith, A/K/A "Marlowe,"Court of Appeals for the Second Circuit · 1978
- United States v. CrestaCourt of Appeals for the First Circuit · 1987
- United States v. BlascoCourt of Appeals for the Eleventh Circuit · 1983
- United States v. John C. MuellerCourt of Appeals for the Fifth Circuit · 1990
- United States v. Ronald ThompsonCourt of Appeals for the Fifth Circuit · 1983
62 more not listed; retrieve them via the Exa API.