UNITED STATES OF AMERICA, APPELLANT,
v.
JOSEPH MICHAEL PASTORE AND FRANK PAUL DE ANGELIS, APPELLEES
UNITED STATES OF AMERICA, APPELLANT,
JOSEPH MICHAEL PASTORE AND FRANK PAUL DE ANGELIS, APPELLEES
456 F.2d 99
United States Court of Appeals for the Second Circuit (1972)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM:
The government asks us to overrule our recent decision in United States v. Price, 447 F. 2d 23, 29 (2d Cir. 1971), holding that a defendant charged with possession of stolen goods ipso facto has standing to move for suppression of evidence seized in violation of the fourth amendment.
We all agree that we should follow the Price decision which decided this issue and which followed Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L. Ed.2d 697 (1960). The Supreme Court has granted certiorari to the Sixth Circuit in United States v. Combs, 446 F. 2d 515 (6th Cir. 1971), and will consider the precise issue. Judge Medina is of the view that the facts in the case we are now deciding seem to be stronger for the government’s position than those in Combs, and that he believes Jones is distinguishable.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Mapp, 476 F.2d 67 (2d Cir. 1973)
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Johnson v. SAN Francisco Unified Sch. Dist., 500 F.2d 349 (9th Cir. 1974)
-
United States v. De Marco, 488 F.2d 828 (2d Cir. 1973)
Authorities Cited
- Jones v. United States, 362 U.S. 257 (U.S. 1960)
- United States v. Price, 447 F.2d 23 (2d Cir. 1971)
- United States v. Elisha Combs, 446 F.2d 515 (6th Cir. 1971)