REGALADO
v.
CALIFORNIA ET AL.

U.S. | 1963-06-17
Nos. 10, Misc.
Mr. Justice Harlan concurs in the result.
374 U.S. 497 Supreme Court of the United States (1963) Positive Treatment
Cited by 6 cases

Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment of the Supreme Court of California is vacated and the case is remanded for further consideration in light of Ker v. California, ante, p. 23, and McDonald v. United States, 335 U. S. 451.

Mr. Justice Harlan concurs in the result.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Hernandez v. United States, 353 F.2d 624 (9th Cir. 1965)
    …eatedly said to characterize a “search.” 38 Words & Phrases 401-02 (Perm. 2d), 123-26 (1965 P.P.) Technical trespass is not required. Silverman v. United States, 365 U.S. 505, 511, 81 S.Ct. 679, 5 L.Ed.2d 734 (1961). See also Regalado v. California, 374 U.S. 497, 83 S.Ct. 1875, 10 L.Ed.2d 1044 (1963); McDonald v. United States, 335 U.S. 451, 454 (1948) But even if it were, it occurred here. “A trespass to a chattel may be committed by intentionally * * * using or intermeddling with a chattel in the possessi…
  • Smayda v. United States, 352 F.2d 251 (9th Cir. 1965)
    …sed commode or toilet stall.” . Technical trespass is clearly not required. Silverman v. United States, 365 U.S. at 511, 512, 81 S.Ct. 679. See also McDonald v. United States, 335 U.S. 451, 69 S.Ct. 191, 93 D.Ed. 153 (1948); Regalado v. California, 374 U.S. 497, 83 S.Ct. 1875, 10 L.Ed.2d 1044 (1963). And the latter two cases strongly suggest that visual observation of a private area through apertures not intended by the occupants to be used for that purpose (a transom in McDonald, a hole in a door in Regal…
  • United States ex rel. Charles A. Wright v. Woods, 432 F.2d 1143 (7th Cir. 1970)
    …ereafter using a chair to spy through a transom into the private room of the suspect in order to obtain probable cause to arrest him. 335 U.S. at pp. 458-459, 69 S.Ct. 191 (concurring opinion of Justice Jackson). Finally, in Regalado v. California, 374 U.S. 497, 83 S.Ct. 1875, 10 L.Ed.2d 1044 (per curiam), the Court remanded for further consideration in light of Ker and McDonald a judgment of conviction stemming from a search incident to an arrest. Probable cause for the arrest had been obtained by police…

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