ALEXANDER

v.

TEXAS

Citator

Cited By

• Birdsell v. United States, 346 F.2d 775 (5th Cir. 1965)
  …for lack of a search warrant. The argument fails on several independent grounds. One is the failure to have raised the issue by a pre-trial motion as required by F.R.Crim.P. 41(e). Garcia v. United States, 315 F. 2d 133, 135 (5 Cir), cert. denied, 375 U.S. 855, 84 S.Ct. 117, 11 L.Ed.2d 82 (1963). Another is that the Fourth Amendment does not apply to arrests and searches made by Mexican officials in Mexico for violation of Mexican law, even if the persons arrested are Americans and American police officer…
• United States v. Jennings, 527 F.2d 862 (5th Cir. 1976)
  …38, 441 (5th Cir.), cert. denied, 385 U.S. 927, 87 S.Ct. 284, 17 L.Ed.2d 210 (1966), particularly where someone other than the defendant could have offered contrary evidence, Garcia v. United States, 315 F. 2d 133, 137 (5th Cir. 1963), cert. denied, 375 U.S. 855, 84 S.Ct. 117, 11 L.Ed.2d 82 (1963). The test we must apply is “whether or not the statement was manifestly intended or was of such character that a jury would naturally and necessarily take it to be a comment on the failure of • the accused to test…
• Orser v. United States, 362 F.2d 580 (5th Cir. 1966)
  …, 3 L.Ed.2d 843; Smith v. United States, 5 Cir., 1965, 343 F. 2d 539; Richards v. United States, 5 Cir., 1964, 329 F. 2d 188, cert. denied 379 U.S. 854, 85 S.Ct. 102, 13 L.Ed.2d 57; Garcia v. United States, 5 Cir., 1963, 315 F. 2d 133, cert. denied, 375 U.S. 855, 84 S.Ct. 117, 11 L.Ed.2d 82. With reference to part 2 of appellant’s contention, we agree that the conversation between Webber and Zigrossi was not competent against Parker as an admission by silence. To have made it competent, there must have bee…