EVANGELINE PARISH SCHOOL BOARD ET AL.

v.

UNITED STATES

Citator

Cited By (48 total)

• United States v. McCONNEY, 728 F.2d 1195 (9th Cir. 1984)
  …cy — whether, judged by an objective standard, “there [was] a likelihood that the occupants [would] attempt to escape, resist, destroy evidence, or harm someone within,” United States v. Bustamante-Gamez, 488 F. 2d 4,12 (9th Cir.1973), cert. denied, 416 U.S. 970, 94 S.Ct. 1993, 40 L.Ed.2d 559 (1974),— necessarily involves us in an inquiry that goes beyond the historical facts. The mixed question of exigency is rooted in constitutional principles and policies.12 Like many such mixed questions,13 its resolut…

  ← 1 / 3 →
• United States v. Flickinger, 573 F.2d 1349 (9th Cir. 1978)
  …mstances which justified the failure to obtain an arrest warrant. United States v. McLaughlin, supra, 525 F. 2d 517; United States v. Curran, 498 F. 2d 30 (9th Cir. 1974); United States v. Bustamante-Gamez, 488 F. 2d 4 (9th Cir. 1973), cert. denied, 416 U.S. 970, 94 S.Ct. 1993, 40 L.Ed.2d 559 (1974). We should therefore first determine whether there were any such exigent circumstances. Ordinarily, exigency does not evolve from one single fact. Indeed, we are often confronted with a mosaic — no one part of…
• United States v. Valenzuela, 596 F.2d 824 (9th Cir. 1979)
  …10 L.Ed.2d 726 (1963),2 “[i]t is now clear that, to some extent, [the knock-notice requirements of 18 U.S.C. § 3109] have been incorporated into the Fourth Amendment.” United States v. Bustamante-Gamez, 488 F. 2d 4, 9 (9th Cir. 1973), cert. denied, 416 U.S. 970, 94 S.Ct. 1993, 40 L.Ed.2d 559 (1974). We need not reach the question whether meeting the federal standard alone is sufficient, because we conclude that the warrant was properly executed whether tested under the state or federal statutes,3 or under…