DEARHART

v.

VIRGINIA

Citator

Cited By

• Baines v. City OF Danville, 337 F.2d 579 (4th Cir. 1964)
  …rs rely which support their position here. We do find support for our present conclusion, however, in Henderson v. Trailway Bus Company, E.D.Va., 194 F.Supp. 423 (3-Judge Court case) affirmed sub nom. Robinson v. Hunter, 374 U.S. 488, 83 S.Ct. 1875, 10 L.Ed.2d 1044, in which the court refused to enjoin a state court prosecution of Negro “sit in” demonstrators as trespassers. Though we hold that § 2283, except when the United States is a party, applied to an attempt to enjoin then pending proceedings in a stat…
• Hernandez v. United States, 353 F.2d 624 (9th Cir. 1965)
  …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 possession of another.” Restatement 2d,…
• Smayda v. United States, 352 F.2d 251 (9th Cir. 1965)
  …. 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 Regalado) constitutes a search within…

Authorities Cited

• Douglas v. California, 372 U.S. 353 (U.S. 1963)