BURNETT

v.

CROUSE, WARDEN

Citator

Cited By

• United States v. Bradley, 455 F.2d 1181 (1st Cir. 1972)
  …74 (1970), cert. denied, 402 U.S. 986, 91 S.Ct. 1675, 29 L.Ed.2d 152 (1971) (ruse violates § 3109) ; United States v. Syler, 430 F. 2d 68 (7th Cir. 1970) (ruse does not violate § 3109) ; Ponce v. Craven, 409 F. 2d 621 (9th Cir. 1969), cert. denied, 397 U.S. 1012, 90 S.Ct. 1241, 25 L.Ed.2d 424 (1970) (ruse does not violate analogous state statute) ; Bowers v. Coiner, 309 F.Supp. 1064 (S.D.W.Va.1970) (ruse violates § 3109) ; United States v. Burruss, 306 F.Supp. 915 (E.D.Pa.1969) (implies but does not decide…
• United States v. Phillips, 497 F.2d 1131 (9th Cir. 1974)
  …have been viewed as involving no ‘breaking’. See, e. g., Smith v. United States * * * (supra) ; Leahy v. United States * * * (supra).” 391 U.S. at 590 n. 7, 88 S.Ct. at 1758. In Ponce v. Craven, 409 F. 2d 621, 625-626 (9th Cir. 1969), cert. denied, 397 U.S. 1012, 90 S.Ct. 1241, 25 L.Ed.2d 424 (1970), we held that entry by deception and without force did not violate a state statute very similar to § 3109. There, police officers directed a motel manager to announce that there was a telephone call for a woman…
• United States v. Capps, 435 F.2d 637 (9th Cir. 1970)
  …e in a position to have the plain view, it “must also determine whether the looking and listening carried on was ‘an intrusion upon what the resident seeks to preserve as private.’ ” Ponce v. Craven, 409 F. 2d 621, 625 (9th Cir. 1969), cert. denied, 397 U.S. 1012, 90 S.Ct. 1241, 25.L.Ed.2d 424 (1970), quoting from Wattenburg v. United States, 388 F. 2d 853, 857 (9th Cir. 1968). This ease is distinguishable. In both Ponce and Wattenburg, as well as Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.…