Legal Opinion

United States v. Dudley Lee Berry, A/K/A David Sarver, United States of America v. Jessica Linda Ann Zabish, A/K/A Joanne Sarver

Court of Appeals for the Fifth Circuit

Decided March 19, 1982No. 79-5471, 79-5472PublishedCited by 309 opinions

1Opinion of the Court

FRANK M. JOHNSON, Jr., Circuit Judge:

Recently we repeatedly have had to decide cases involving the legality of stops, interrogations, and searches of suspected drug smugglers by law enforcement officers at airports. The matters presented in these cases raise fundamental constitutional issues concerning the Fourth Amendment safeguards protecting individuals against unreasonable searches and seizures. Because of the uncertainty created by decisions of the Supreme Court and by our own holdings concerning the standards guiding such stops, we take this opportunity to consider en banc the appeals…

2Cases cited66 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Glasser v. United StatesSupreme Court of the United States · 1942
  5. Coolidge v. New HampshireSupreme Court of the United States · 1971

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3Cited by309 opinions

  1. McGee v. CommonwealthCourt of Appeals of Virginia · 1997
  2. State v. RetherfordOhio Court of Appeals · 1994
  3. People v. LuedemannIllinois Supreme Court · 2006
  4. Sharon Courson v. Quinn A. McMillian Individually and as Sheriff of Walton County, a Political Subdivision of the State of Florida, Jim RoyCourt of Appeals for the Eleventh Circuit · 1991
  5. State v. DanielTennessee Supreme Court · 2000

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