MACKENZIE

v.

ROBBINS, WARDEN

Citator

Cited By (14 total)

• Milford Wade Byrd v. State, 481 So. 2d 468 (Fla. 1985)
  …ection. See United States v. Griffin, 530 F. 2d 739 (7th Cir.1976); United States v. Sheard, 473 F. 2d 139 (D.C.Cir.1972), cert. denied, 412 U.S. 943, 93 S.Ct. 2784, 37 L.Ed.2d 404 (1973); Robbins v. Mackenzie, 364 F. 2d 45 (1st Cir.), cert. denied, 385 U.S. 913, 87 S.Ct. 215, 17 L.Ed.2d 140 (1966); Jones v. State, 409 N.E. 2d 1254 (Ind.App.1980); State v. McLain, 367 A. 2d 213 (Me.1976); cf United States v. Lace, 669 F. 2d 46 (2d Cir.), cert, denied, 459 U.S. 854, 103 S.Ct. 121, 74 L.Ed.2d 106 (1982); Davi…
• United States v. Miller, 589 F.2d 1117 (1st Cir. 1978)
  …erkowitz, 429 F. 2d 921, 925 (1st Cir. 1971) (disclaimer of interest in allegedly stolen goods vitiates any Fourth Amendment interest in goods). Finally, we find support in our holding in Robbins v. MacKenzie, 364 F. 2d 45 (1st Cir.), cert. denied, 385 U.S. 913, 87 S.Ct. 215, 17 L.Ed.2d 140 (1966), that opening and stepping away from the door to an apartment is implied consent to entry and observation by a police officer who knocks.12 [*1132] Nor does appellant’s citation of United States v. McCaleb, supra…
• Gorman v. United States, 380 F.2d 158 (1st Cir. 1967)
  …of personal right that renders apparent consent ineffective. As we have recently said, “Bowing to events, even if one is not happy about them, is not the same thing as being coerced.” Robbins v. MacKenzie, 364 F. 2d 45, 50 (1st Cir.), cert. denied, 385 U.S. 913, 87 S.Ct. 215, 17 L.Ed.2d 140 (1966). And, as the Second Circuit has observed on this very point: “Where, as here, no force or deception was either used or threatened, we see no reason why a court should disregard a suspect’s expression of consent s…