United States v. Scott Payne
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMoore, J., joined by Siler, J.,
KENNEDY, J. (pp. 791-94), delivered a separate dissenting opinion.
KAREN NELSON MOORE, Circuit Judge.
Scott Payne appeals his convictions for possession of marijuana and illegal possession of a firearm. The incriminating items were found by parole officers who, after arresting Payne for parole violations, performed what they called a “plain-view search” of Payne’s home and vehicle. Although as a parolee Payne was subject to search on the basis of reasonable suspicion rather than probable cause, the parole officers did not have sufficient evidence to satisfy even this reduced standard. They…
2Cases cited31 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. GatesSupreme Court of the United States · 1983
- Aguilar v. TexasSupreme Court of the United States · 1964
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Spinelli v. United StatesSupreme Court of the United States · 1969
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3Cited by72 opinions
- Motley v. ParksCourt of Appeals for the Ninth Circuit · 2005
- Charles Northrop v. David Trippett, WardenCourt of Appeals for the Sixth Circuit · 2001
- People v. LampitokIllinois Supreme Court · 2003
- United States v. Scotty Lee HudsonCourt of Appeals for the Sixth Circuit · 2005
- People v. WardAppellate Court of Illinois · 2007
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