Legal Opinion

United States v. John P. Calandra

Court of Appeals for the Sixth Circuit

Decided February 15, 1972No. 71-1999PublishedCited by 22 opinions

1Per curiam

Appellee Calandra has moved to dismiss the Government’s appeal for lack of jurisdiction. The appeal had been taken from an order of the District Court, 332 F.Supp. 737, granting Calandra’s pre-in-dictment motion to suppress evidence and to return property illegally seized. The ground of the motion to dismiss is that Title 18 U.S.C. § 3731 authorizes an appeal by the Government from a suppression order only in a criminal case and that his motion was not filed in such a case.

The Grand Jury was investigating federal crimes. It subpoenaed Calandra, who refused to testify, invoking his right under…

2Cases cited13 opinions

  1. Burdeau v. McDowellSupreme Court of the United States · 1921
  2. Perlman v. United StatesSupreme Court of the United States · 1918
  3. Cogen v. United StatesSupreme Court of the United States · 1929
  4. United States v. Wallace & Tiernan Co.Supreme Court of the United States · 1949
  5. Essgee Co. of China v. United StatesSupreme Court of the United States · 1923

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

3Cited by22 opinions

  1. Nixon v. SiricaCourt of Appeals for the D.C. Circuit · 1973
  2. In Re Special September 1978 Grand Jury (Ii). Appeal of United States of AmericaCourt of Appeals for the Seventh Circuit · 1980
  3. In the Matter of Grand Jury Empanelled February 14, 1978. Appeal of United States of AmericaCourt of Appeals for the Third Circuit · 1979
  4. United States v. CaggianoCourt of Appeals for the Sixth Circuit · 1981
  5. In Re Grand Jury Investigation. Appeal of New Jersey State Commission of InvestigationCourt of Appeals for the Third Circuit · 1980

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API