FILES

v.

HEISKELL, SECRETARY OF STATE OF WEST VIRGINIA, ET AL.

Citator

Cited By

• United States v. Lemon, 550 F.2d 467 (9th Cir. 1977)
  …sh the validity of the search. Statements elicited prior to the giving of Miranda warnings may be used during a motion to suppress to show defendant’s consent to a search. United States v. Garcia, 496 F. 2d 670, 674-75 (5th Cir. 1974), cert. denied, 420 U.S. 960, 95 S.Ct. 1347, 43 L.Ed.2d 436 (1975).8 EFFECTIVE ASSISTANCE OF COUNSEL Finally, appellant maintains that he was denied reasonably effective assistance of counsel due to the failure of his trial counsel to effectively argue against the introductio…

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• United States v. Henry, 604 F.2d 908 (5th Cir. 1979)
  …ed at this point. As a general rule, routine questioning and searches at the border do not place a person “in custody” within the meaning of Miranda. United States v. McCain, supra; United States v. Garcia, 496 F. 2d 670 (5 Cir. 1974), cert. denied, 420 U.S. 960, 95 S.Ct. 1347, 43 L.Ed.2d 436 (1975); United States v. Salinas, supra. Judge Bell in Salinas stated the general rule as follows: “Thousands of persons enter the country daily and are subject to some degree of detention while their luggage is searc…
• United States v. McCAIN, 556 F.2d 253 (5th Cir. 1977)
  …materials, or “when a person is taken to a private room and strip searched as here, a different outcome obtains.” 439 F. 2d at 380. In United States v. Garcia, 496 F. 2d 670 (5th Cir. 1974), rehearing denied, 5th Cir., 502 F. 2d 1168, cert. denied 420 U.S. 960, 95 S.Ct. 1347, 43 L.Ed.2d 436, rehearing denied 420 U.S. 1009, 95 S.Ct. 1455, 43 L.Ed.2d 768, we reaffirmed our holding in Salinas and stated: It is obvious that the government activity revealed here was more than “routine”. Mrs. Garcia was subjec…