UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DAVID WAYNE FREUND, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
DAVID WAYNE FREUND, DEFENDANT-APPELLANT
532 F.2d 501
Court of Appeals for the Fifth Circuit (1976)
Caution
Cited by 24 cases
Opinion of the Court
PER CURIAM:
Pursuant to our remand order (525 F. 2d 873 (5th Cir. 1976)) the district court conducted an in camera interview with the informant-witness and has now supplemented the record of this case with an order applying the balancing test of Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed.2d 639 (1957). The court specifically found that the informant’s testimony would corroborate the arresting officer’s recital of events and “would be exceedingly harmful to and in no way helpful to defendant’s claim of an illegal search and seizure.”
This new information authenticates the trial court’s holding that the search was predicated on probable cause and that the defendant had no right to require disclosure of the informant’s identity.
Defendant’s conviction is therefore
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Boone v. State, 451 So. 2d 997 (Fla. 1st DCA 1984)
-
United States v. Varella, 692 F.2d 1352 (11th Cir. 1982)
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United States v. Diaz, 655 F.2d 580 (5th Cir. 1981)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roviaro v. United States, 353 U.S. 53 (U.S. 1957)
- United States v. Freund, 525 F.2d 873 (5th Cir. 1976)