PAYNE

v.

UNITED STATES

Citator

Cited By (46 total)

• United States v. Polizzi, 500 F.2d 856 (9th Cir. 1974)
  …g instructions, was prejudicial error. [*876] This question is within the sound discretion of the trial judge. United States v. Gross, 451 F. 2d 1355, 1358-1359 (7 Cir. 1971); United States v. Bearden, 423 F. 2d 805, 813 (5 Cir. 1970), cert. denied, 400 U.S. 836, 91 S.Ct. 73, 27 L.Ed.2d 68 (1970). In this case, the statutes and regulations were extremely complex, and the trial judge may justifiably have believed that it would be better to give the jury the statutes and regulations rather than to have them a…
• United States v. Cauble, 706 F.2d 1322 (5th Cir. 1983)
  …442 U.S. 946, 99 S.Ct. 2894, 61 L.Ed.2d 318 (1979); United States v. Mann, 517 F. 2d 259, 267 (5th Cir. 1975), cert. denied, 423 U.S. 1087, 96 S.Ct. 878, 47 L.Ed.2d 97 (1976); United States v. Bearden, 423 F. 2d 805, 810-11 (5th Cir.), cert. denied, 400 U.S. 836, 91 S.Ct. 73, 27 L.Ed.2d 68 (1970). Other circuits are in accord. See United States v. Duncan, 598 F. 2d 839 (4th Cir.), cert. denied, 444 U.S. 871, 100 S.Ct. 148, 62 L.Ed.2d 96 (1979); United States v. Fortunato, 402 F. 2d 79 (2d Cir.1968), cert. d…
• United States v. Blake, 484 F.2d 50 (8th Cir. 1973)
  …it. This is not a case in which “the scope of a search incident to arrest is temporarily expanded where there is a possibility that a third-party may destroy or conceal evidence.” United States v. Davis, 423 F. 2d 974, 979 (5th Cir.), cert, denied, 400 U.S. 836, 91 S. Ct. 74, 27 L.Ed.2d 69 (1970) (emphasis added).3 In this case, the defendant had previously attempted to rid himself of the purse twice and was present in the apartment for a third attempt, if the officers had left without finding the white pu…