ROSS

v.

RHAY, SUPERINTENDENT, WASHINGTON STATE PENITENTIARY

Citator

Cited By (25 total)

• United States v. Vita, 294 F.2d 524 (2d Cir. 1961)
  …621, 625. If the question were of the validity of an arrest, state law would control. United States v. Di Re, 1948, 332 U.S. 581, 589-590, 68 S.Ct. 222, 92 L.Ed. 210; United States v. Burgos, 2 Cir., 1959, 269 F. 2d 763, 766, certiorari denied 1960, 362 U.S. 942, 80 S.Ct. 808, 4 L.Ed.2d 771. But here the question is not of the legality of an acknowledged arrest, but whether, for purposes of determining the applicability of the federal rule, there was an arrest at all. . See, for example, United States v. B…
• United States v. Smith, 308 F.2d 657 (2d Cir. 1962)
  …64 S.Ct. 896, 88 L.Ed. 1140 (1944). Furthermore, the degree of affirmative assistance given to the police by the suspect is often relevant in determining whether consent exists. See United States v. Burgos, 269 F. 2d 763 (2 Cir.1959), cert. denied, 362 U.S. 942, 80 S.Ct. 808, 4 L.Ed.2d 771 (1960); United States v. MacLeod, 207 F. 2d 853 (7 Cir.1953). In view of these principles and analogous cases, we hold that the evidence supports the finding that appellant voluntarily consented to the seizure of narcot…
• Buckley v. NEW York Post Corp., 373 F.2d 175 (2d Cir. 1967)
  …(Tent.Draft No. 11, 1965), requires a different conclusion, as was held with respect to the Illinois long-arm statute in Insull v. New York World-Telegram Corp., 172 F.Supp. 615, 632-634 (N.D.Ill.), aff’d, 273 F. 2d 166 (7 Cir. 1959), cert. denied, 362 U.S. 942, 80 S.Ct. 807, 4 L.Ed.2d 770 (1960).4 Although we join the late Judge Hincks in predicting that the courts of Connecticut will ultimately adopt the single-publication rule, Dale System v. Time, Inc., 116 F.Supp. 527, 529 (D.Conn.1953); Fouts v. Fawc…