COLE

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By (21 total)

• United States v. Barnes, 604 F.2d 121 (2d Cir. 1979)
  …hed rule that “ ‘[pjrobable cause is not defeated because an informant may have erred or lied, “as long as the affiant accurately represented what was told him” ’.” Id. at 253, quoting Mapp v. Warden, 531 F. 2d 1167, 1172-73 (2d Cir.), cert. denied, 429 U.S. 982, 97 S.Ct. 498, 50 L.Ed.2d 592 (1976), quoting in turn United States v. Sultan, 463 F. 2d 1066, 1070 (2d Cir. 1972). Indeed, since the date of oral argument in this case, the Supreme Court has itself dealt with the issue of the necessity for a hear…
• United States v. Henning Heldt and Duke Snider, 668 F.2d 1238 (D.C. Cir. 1981)
  …seizure under the warrant. See generally id. at n.8 (cases cited). If in the course of that perusal, their otherwise incriminating character becomes obvious, they may be seized. Id. See Mapp v. Warden, 531 F. 2d 1167, 1172 (2d Cir.), cert. denied, 429 U.S. 982, 97 S.Ct. 498, 50 L.Ed.2d 592 (1976) (“it would be somewhat absurd to require an investigator to be oblivious to that which would be apparent to anyone else with normal powers of observation”). Otherwise, the perusal must cease at the point at whi…
• United States v. Martino, 664 F.2d 860 (2d Cir. 1981)
  …illegal acts, the passage of time between the last described act and the presentation of the application becomes less significant. United States v. Hyde, 574 F. 2d 856 (5th Cir. 1978); Mapp v. Warden, 531 F. 2d 1167, 1171—72 (2d Cir.), cert. denied, 429 U.S. 982, 97 S.Ct. 498, 50 L.Ed.2d 592 (1976); United States v. Johnson, 461 F. 2d 285, 287 (10th Cir. 1972). In the present ease District Judge Pierre Leval issued the warrant authorizing the wiretap on Martino’s telephone, making the probable cause determ…