MONTEIRO
v.
UNITED STATES

U.S. | 1971-03-22
No. 6423
401 U.S. 978 Supreme Court of the United States (1971) Negative Treatment
Cited by 38 cases

Opinion

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Citator

Cited By (36 total)

  • McGEE v. State, 438 So. 2d 127 (Fla. 1st DCA 1983)
    …1 (5th Cir.1971); United States v. Bright, 541 F. 2d 471, 476 (5th Cir.1976), reh. denied, 544 F. 2d 518 (5th Cir.1976), cert. denied, 430 U.S. 935, 97 S.Ct. 1560, 51 L.Ed.2d 780; United States v. De-Pugh, 434 F. 2d 548 (8th Cir.1970), cert. denied, 401 U.S. 978, 91 S.Ct. 1208, 28 L.Ed.2d 328. We believe the reasoning underlying that rule to be valid and agree that it should be applied to prosecutions under § 843.15, Florida Statutes. Accordingly, we find no error in the trial court’s having submitted this…
  • United States v. Forrest, 620 F.2d 446 (5th Cir. 1980)
    …dence to believe an offense has been committed. Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959); United States v. Savage, 564 F. 2d 728 (5th Cir. 1977); United States v. Lowery, 436 F. 2d 1171 (5th Cir. 1970), cert. denied, 401 U.S. 978, 91 S.Ct. 1208, 28 L.Ed.2d 329 (1971). Probable cause generally involves the factual and practical considerations of everyday life on which reasonable and prudent persons regularly act. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed…
  • United States v. Simmons, 536 F.2d 827 (9th Cir. 1976)
    …. See 407 U.S. at 533-34, 92 S.Ct. at 2182. We do not mean to imply that there must be a delay over a period of years before a constitutional violation is found. For instance, in United States v. Butler, 426 F. 2d 1275 (1st Cir.1970), cert. denied, 401 U.S. 978, 91 S.Ct. 1207, 28 L.Ed.2d 328 (1971), cited by the Supreme Court in Barker at 531 n. 31, 92 S.Ct. 2182 n. 31, the First Circuit held that a delay under the circumstances of that case of nine months, absent a legitimate reason for such delay, consti…

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