OSKINS

v.

COINER, WARDEN

Citator

Cited By (35 total)

• United States v. Oates, 560 F.2d 45 (2d Cir. 1977)
  …t be resolved by an objective rather than a subjective standard. United States v. Vital-Padilla, supra at 644;8 Smith v. United States, 402 F. 2d 771, 772 (9th Cir. 1968); cf. White v. United States, 448 F. 2d 250, 254 (8th Cir. 1971), cert. denied, 405 U.S. 926, 92 S.Ct. 974, 30 L.Ed.2d 798 (1972). Appellant has anticipated that we might decide, as we in fact just have, that the initial removal of Oates and Daniels to the private room was not an arrest but only a Terry -type stop. While conceding, as he m…
• United States v. O'Connell, 841 F.2d 1408 (8th Cir. 1988)
  …articular person, even if the acting officer is unable to completely and correctly articulate the grounds for his suspicion at the time of the search. Wright, 641 F. 2d at 606; White v. United States, 448 F. 2d 250, 254 (8th Cir.1971), cert. denied, 405 U.S. 926, 92 S.Ct. 974, 30 L.Ed.2d 798 (1972). 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…
• McNALLY v. The Pulitzer Publ'g Co. & Ted Gest, 532 F.2d 69 (8th Cir. 1976)
  …S.Ct. 1441, 1445, 10 L.Ed.2d 605, 611 (1963); Bivens v. Six Unknown Named Agents, 403 U.S. 388, 398 n. 1, 91 S.Ct. 1999, 2005, 29 L.Ed.2d 619, 627 (1971) (Harlan, J., concurring); Williams v. Rogers, 449 F. 2d 513, 517 (8th Cir. 1971), cert. denied, 405 U.S. 926, 92 S.Ct. 976, 30 L.Ed.2d 799 (1972). . Other federal courts have split over whether similar violations of the First Amendment or the due process guarantees of the Fifth Amendment also give rise to private damage actions. Compare States Marine Line…