ELLINGBURG

v.

HENLEY, CHIEF JUDGE, U. S. DISTRICT COURT

Citator

Cited By (30 total)

• Morse v. State, 604 So. 2d 496 (Fla. 1st DCA 1992)
  …purposes, with respect to the remaining personal belongings in Room 11. See Rakas v. Illinois, 439 U.S. 128, 143 n. 12, 99 S.Ct. 421, 430-31 n. 12, 58 L.Ed.2d 387, 401 n. 12 (1978); United States v. Wilson, 472 F. 2d 901 (9th Cir.1972), cert. den., 414 U.S. 868, 94 S.Ct. 176, 38 L.Ed.2d 116 (1973) (absent justifiable [*502] expectation of privacy, warrantless search was proper, although state law arguably might have given tenant a continued interest in premises regardless of intent to abandon); Sledge, 650…
• United States v. Diggs, 649 F.2d 731 (9th Cir. 1981)
  …he alleged owner has retained a reasonable expectation of privacy in the articles alleged to have been abandoned. United States v. Haddad, 558 F. 2d 968, 975, n.6 (9th Cir. 1977); United States v. Wilson, 472 F. 2d 901, 903 (9th Cir.), cert. denied, 414 U.S. 868, 94 S.Ct. 176, 38 L.Ed.2d 116 (1973). A finding of abandonment is reviewed under the clearly erroneous standard. United States v. Humphrey, 549 F. 2d 650, 652 (9th Cir. 1977). Diggs argues that the finding of abandonment was erroneous. He relies fo…
• Hicks v. Ocean Drilling & Exploration Co., 512 F.2d 817 (5th Cir. 1975)
  …for which a facility was constructed and the business in which it is engaged are the controlling considerations in determining whether or not the facility is a vessel. Cook v. Belden Concrete Products, Inc., 5th Cir. 1973, 472 F. 2d 999, cert. den., 414 U.S. 868, 94 S.Ct. 175, 38 L.Ed.2d 116 in that case a flat-deck barge which was moored alongside a concrete yard and used as a construction platform was held as a matter of law not to be a vessel. The barge had no motive power of its own. It was submersible…