MOTEN

v.

UNITED STATES

Citator

Cited By (92 total)

• Hughes v. Rowe, 449 U.S. 5 (U.S. 1980)
  …plaint.8 [*11] Segregation of a prisoner without a prior hearing may violate due process if the postponement of procedural protections is not justified by apprehended emergency conditions. See Hayes v. Walker, 555 F. 2d 625, 633 (CA7), cert. denied, 434 U. S. 959 (1977). The amended complaint alleged that segregation was unnecessary in petitioner’s case because his offense did not involve violence and he did not present a “clear and present danger.” There is no suggestion in the record that immediate segrega…
• United States v. Louin Ray Bright, 630 F.2d 804 (5th Cir. 1980)
  …subsequent tampering with the tapes. Thus, the only issue is whether there is sufficient evidence to sustain a finding that Jenkins did nothing to destroy the accuracy of the tapes. In United States v. Fuentes, 563 F. 2d 527 (2d Cir.), cert. denied, 434 U.S. 959, 98 S.Ct. 491, 54 L.Ed.2d 320 (1977), the court was faced with a similar situation. In response to the asserted claim that the party with the recorder could have tampered with the tapes prior to giving them to the authorities, the court stated: Asi…
• United States v. O'Connell, 841 F.2d 1408 (8th Cir. 1988)
  …crophone on state police investigator); United States v. Gordon, 688 F. 2d 42, 43-44 (8th Cir.1982) (recorder attached to telephone and recorder on person of government informant); Durns v. United States, 562 F. 2d 542, 547 (8th Cir.), cert. denied, 434 U.S. 959, 98 S.Ct. 490, 54 L.Ed.2d 319 (1977) (recording device placed on telephone); McMillan, 508 F. 2d at 103 (same); but cf. Risken, 788 F. 2d at 1369-70 (recordings made by informant without government assistance). . We also reject O’Connell’s claim th…