HEISS

v.

NEW JERSEY

Citator

Cited By

• United States v. Alphonse Sisca, 503 F.2d 1337 (2d Cir. 1974)
  …; United States v. Weldon, 384 F. 2d 772, 775 (2 Cir. 1967). This is so even when the district court, as here, considers the merits of the suppression motion as well as its timeliness. United States v. Nicholas, 319 F. 2d 697 (2 Cir.), cert. denied, 375 U.S. 933 (1963); United States v. Volkell, 251 F. 2d 333, 336 (2 Cir.), cert. denied, 356 U.S. 962 (1958). This rationale controls here. Finally, we reject, as did the district court, appellants’ contention that the finding of waiver here is inconsistent wi…
• United States v. Reed, 572 F.2d 412 (2d Cir. 1978)
  …r.), cert. denied, 382 U.S. 949, 86 S.Ct. 404, 15 L.Ed.2d 357 (1965); United States v. Miguel, 340 F. 2d 812 (2d Cir.), cert. denied, 382 U.S. 859, 86 S.Ct. 116, 15 L.Ed.2d 97 (1965); United States v. Nicholas, 319 F. 2d 697 (2d Cir.), cert. denied, 375 U.S. 933, 84 S.Ct. 337, 11 L.Ed.2d 265 (1963). Today’s decision is in accord with the law of the Sixth, Ninth and District of Columbia Circuits. United States v. Killebrew, 560 F. 2d 729 (6th Cir. 1977); United States v. Calhoun, 542 F. 2d 1094, 1102-03 (9t…
• United States v. Soyka, 394 F.2d 443 (2d Cir. 1968)
  …ef in guilt that Agent Waters possessed, to allow a suspect to retire and destroy the evidence of his crime, would ignore that only “unreasonable” searches and seizures are banned. Cf. United States v. Nicholas, 319 F. 2d 697 (2 Cir.), cert. denied, 375 U.S. 933, 84 S.Ct. 337, 11 L.Ed.2d 265 (1963). The opinion of the panel mentions that Soyka’s was not a street arrest. We take it that these references were intended only to aid in the distinction of Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.…

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