PUPLAMPU

v.

UNITED STATES

Citator

Cited By

• United States v. Branch, 545 F.2d 177 (D.C. Cir. 1976)
  …in this sort of speculation. “A lack of probable cause cannot be made up in hindsight by a hypothetical variation in the basis on which a search was conducted.” United States v. Cunningham, 138 U.S.App.D.C. 29, 30, 424 F. 2d 942, 943, cert. denied, 399 U.S. 914, 90 S.Ct. 2218, 26 L.Ed.2d 572 (1970). Such speculation seems especially inappropriate here, where there is no evidence in the record which could support the conclusion that the search at issue was a protective one. Neither the government nor the t…
• von Sleichter v. United States, 472 F.2d 1244 (D.C. Cir. 1972)
  …arrest implies without losing the benefit of the evidence seized so long as that evidence might have been uncovered by a superficial frisk. As this court said in United States v. Cunningham, 138 U.S.App.D.C. 29, 30, 424 F. 2d 942, 943, cert. denied, 399 U.S. 914, 90 S.Ct. 2218, 26 L.Ed.2d 572 (1970): “A lack of probable cause cannot be made up in hindsight by a hypothetical variation in the basis on which a search was conducted.” Cf. United States v. Morris, 142 U.S.App.D.C. 196, 197, 440 F. 2d 224, 225 (19…