CARTER

v.

UNITED STATES

Citator

Cited By (51 total)

• United States v. Calvert, 523 F.2d 895 (8th Cir. 1975)
  …presentence report or its contents. Compare United States v. Dace, 502 F. 2d 897, 899— 901 (8th Cir. 1974), cert. denied, 419 U.S. 1121, 95 S.Ct. 803, 42 L.Ed.2d 820 (1975) and United States v. Schrenzel, 462 F. 2d 765, 775 (8th Cir.), cert. denied, 409 U.S. 984, 93 S.Ct. 325, 34 L.Ed.2d 248 (1972) with United States v. Dace, supra at 901-902 (Lay, J., dissenting) and United States v. Schrenzel, supra at 775-777 (Heaney, J., dissenting). The immediate evil criticized by the dissenters in those cases was the…
• United States v. Tobin, 923 F.2d 1506 (11th Cir. 1991)
  …. This Circuit has held, moreover, that a warrantless search is illegal when police possess probable cause but instead of obtaining a warrant create exigent circumstances. See United States v. Scheffer, 463 F. 2d 567, 575 (5th Cir.), cert. denied, 409 U.S. 984, 93 S.Ct. 324, 34 L.Ed.2d 248 (1972); see also United States v. Munoz-Guerra, 788 F. 2d 295, 298 (5th Cir.1986) (holding that where agents can get a warrant instead of revealing themselves and making immediate entry a foregone necessity, a warrantle…

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• United States v. Webster, 750 F.2d 307 (5th Cir. 1984)
  …early erroneous. 2. Manufactured Exigency. Agents, of course, cannot deliberately create exigent circumstances in order to subvert the warrant requirements of the fourth amendment. United States v. Scheffer, 468 F. 2d 567 (5th Cir.), cert. denied, 409 U.S. 984, 93 S.Ct. 324, 34 L.Ed.2d 248 (1972). Our first concern in analyzing a claim of manufactured exigency is whether agents could have obtained a search warrant prior to the development of the exigent circumstances upon which they relied. Thompson, 700…