COSTELLO

v.

UNITED STATES

Citator

Cited By

• United States v. Scott, 425 F.2d 55 (9th Cir. 1970)
  …(E. g., Caudillo v. United States (9th Cir. 1958) 253 F. 2d 513, cert. denied sub nom. Romero v. United States (1958) 357 U.S. 931, 78 S.Ct. 1375, 2 L.Ed.2d 1373; Costello v. United States (9th Cir. 1963) 324 F. 2d 260, 263-264, cert. denied (1964) 376 U. S. 930, 84 S.Ct. 699, 11 L.Ed.2d 650.) An exception would not have produced any results in the trial court. Under these circumstances were we to insist that an exception be taken to save the [*58] point for appeal, the unhappy result would be that we would…
• United States v. Flickinger, 573 F.2d 1349 (9th Cir. 1978)
  …. Thompson, 558 F. 2d 522, 524—25 (9th Cir. 1977); United States v. Patterson, 492 F. 2d 995, 996 (9th Cir.), cert. denied, 419 U.S. 846, 95 S.Ct. 82, 42 L.Ed.2d 75 (1974); Costello v. United States, 324 F. 2d 260, 261 (9th Cir. 1963), cert. denied, 376 U.S. 930, 84 S.Ct. 699, 11 L.Ed.2d 650 (1964). If we have so held, we would be even more persuaded that the finding of exigent circumstances should be tested by the clearly erroneous standard. However, it is not free from doubt that a finding of probable cau…
• United States v. Patterson, 492 F.2d 995 (9th Cir. 1974)
  …probable cause to believe that the car contained seizable contraband. The trial court concluded that they did. We sustain that factual finding as not clearly erroneous. Cf. Costello v. United States, 324 F. 2d 260, 261 (9th Cir. 1963), cert. denied, 376 U.S. 930, 84 S.Ct. 699, 11 L.Ed.2d 650 (1964). From the time that they crossed the border until the time that their ear was stopped and searched, the appellants were never more than one mile from the Mexican border. The house in which they spent the night i…