DODD

v.

BETO, CORRECTIONS DIRECTOR

Citator

Cited By (27 total)

• Scott v. United States, 436 U.S. 128 (U.S. 1978)
  …74) (“The fact that the agents were intending at the time they stopped the car to search it in any event . . . does not render the search, supported by independent probable cause, invalid”); Dodd v. Beto, 435 F. 2d 868, 870 (CA5 1970), cert. denied, 404 U. S. 845 (1971); Klingler v. United States, 409 F. 2d 299, 304 (CA8), cert. denied, 396 U. S. 859 (1969); Green v. United States, 386 F. 2d 953, 956 (CA10 1967); Sirimarco v. United States, 315 F. 2d 699, 702 (CA10), cert. denied, 374 U. S. 807 (1963). As is…
• United States v. West, 670 F.2d 675 (7th Cir. 1982)
  …at 461. The defendant must show that “the evidence required to support a conviction on one indictment would have been sufficient to warrant a conviction on the other” indictment. United States v. Buonomo, 441 F. 2d 922, 925 (7th Cir.), cert. denied, 404 U.S. 845, 92 S.Ct. 146, 30 L.Ed.2d 81 (1971) (citations omitted). In determining whether a defendant has satisfied the “same evidence test,” a reviewing court must look to both the indictments and the evidence and consider such factors as whether the cons…
• United States v. O'Connell, 841 F.2d 1408 (8th Cir. 1988)
  …It is well-settled that “[t]he test of probable cause is not the articulation of the policeman’s subjective theory but the objective view of the facts.” White, 448 F. 2d at 254 (quoting Dodd v. Beto, 435 F. 2d 868, 870 (5th Cir.1970), cert. denied, 404 U.S. 845, 92 S.Ct. 145, 30 L.Ed.2d 81 (1971)). We recognize that the length and complexity of an investigation may preclude a detaining officer from acquiring or consistently maintaining probable cause or a reasonable suspicion of every party under investig…