FOERSTER
v.
UNITED STATES; BOWEN V. UNITED STATES

U.S. | 1973-06-25
Nos. 71-1293; No. 72-5329
413 U.S. 915 Supreme Court of the United States (1973) Positive Treatment
Cited by 6 cases

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  • State v. Viatical Servs., Inc., 741 So. 2d 560 (Fla. 4th DCA 1999)
    …with the conditions set forth in this opinion. DELL and HAZOURI, JJ., concur. . The only case we could find dealt with seizure of materials in an obscenity prosecution. In Davison v. State, 251 So. 2d 841, 843 (Fla.1971), vacated on other grounds, 413 U.S. 915, 93 S.Ct. 3034, 37 L.Ed.2d 1037 (1973), the court held that neither the state or federal constitutions require judicially supervised hearings for determination of probable cause prior to the issuance of a search warrant. . Of course, some of the th…
  • United States v. Peltier, 422 U.S. 531 (U.S. 1975)
    …67); United States v. Avey, 428 F. 2d 1159, cert. denied, 400 U. S. 903 (1970); Fumagalli v. United States, 429 F. 2d 1011 (1970); Mienke v. United States, 452 F. 2d 1076 (1971); United States v. Foerster, 455 F. 2d 981 (1972), vacated and remanded, 413 U. S. 915 (1973). United States v. McCormick, 468 F. 2d 68 (1972), cert. denied, 410 U. S. 927 (1973); United States v. Anderson, 468 F. 2d 1280 (1972). Mr. Justice Brennan’s dissent also suggests that we were wrong to reverse the judgment affirming Almeida…
  • Bowen v. United States, 422 U.S. 916 (U.S. 1975)
    …oving patrols to search vehicles, with neither a warrant nor probable cause, at points removed from the border and its functional equivalents. We vacated the judgment in petitioner’s case and remanded for reconsideration in light of Almeida-Sanchez. 413 U. S. 915 (1973). The Court of Appeals reheard the case en banc and held, in a sharply divided opinion, that the principles of Almeida-Sanchez applied to searches conducted at traffic checkpoints as well as searches conducted by roving patrols. The Court nev…

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