Legal Opinion

United States v. Nicolosi

District Court, E.D. New York

Decided May 3, 1995No. 94cr0775PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GLASSER, District Judge:

BACKGROUND

Defendant Patrick Nicolosi was indicted by a federal grand jury. He is charged with sending threatening communications through the U.S. mails in violation of 18 U.S.C. § 876. On April 5, 1995 the Government obtained a “so ordered” subpoena from this court directing the defendant to provide samples of his saliva. On April 7,1995, defendant moved to quash the subpoena on the grounds that the Government must first obtain a search warrant to conform to the requirements of the Fourth Amendment to the United States Constitution. The issue before…

2Cases cited25 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Johnson v. United StatesSupreme Court of the United States · 1948
  5. Rochin v. CaliforniaSupreme Court of the United States · 1952

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3Cited by14 opinions

  1. Commonwealth v. BlasioliSuperior Court of Pennsylvania · 1996
  2. State v. MartinSupreme Court of Vermont · 2008
  3. In re Nontestimonial Identification Order Directed to R.H.Supreme Court of Vermont · 2000
  4. In Re Grand Jury Proceedings Involving VickersDistrict Court, D. New Hampshire · 1998
  5. In Re ShabazzDistrict Court, D. South Carolina · 2002

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

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