SMITH

v.

UNITED STATES

Citator

Cited By (27 total)

• United States v. Murad Nersesian, 824 F.2d 1294 (2d Cir. 1987)
  …ed of criminal activity” (emphasis added). Our court has held that “the proper standard for judging the constitutionality of a search is a totally objective one.” United States v. Smith, 643 F. 2d 942, 944 (2d Cir.) (emphasis added), cert. denied, 454 U.S. 875, 102 S.Ct. 350, 70 L.Ed.2d 182 (1981). Applying an objective standard, courts have frequently discounted the subjective intent or motivations of searching officers. Scott v. United States, 436 U.S. 128, 138, 98 S.Ct. 1717, 1723, 56 L.Ed.2d 168 (197…
• Gates v. Zant, 863 F.2d 1492 (11th Cir. 1989)
  …e also United States v. Williams, 809 F. 2d 75, 83-86 (1st Cir.1986), cert. denied, 481 U.S. 1030, 107 S.Ct. 1959, 2469, 2484, 95 L.Ed.2d 531, 877, 96 L.Ed.2d 377 (1987); United States v. Robinson, 645 F. 2d 616, 617-18 (8th Cir.1981), cert. denied, 454 U.S. 875, 102 S.Ct. 351, 70 L.Ed.2d 182 (1981). In these latter cases, the courts generally have held that the defendant must make some showing of actual prejudice before a retrial is required. Thus, the case law in this area presents two ends of a spectr…
• United States v. James ("Jake") Rohrer, 708 F.2d 429 (9th Cir. 1983)
  …rt of the agreement. There can be no doubt but that the agreement was relevant to material facts at issue and that the court acted correctly in permitting it to be introduced. See United States v. Rubier, 651 F. 2d 628, 630 (9th Cir.), cert. denied, 454 U.S. 875, 102 S.Ct. 351, 70 L.Ed.2d 183 (1981). And it was proper for the government to point to the cooperation agreement as a factor bearing on Green’s credibility. See United States v. Brooklier, 685 F. 2d 1208, 1218-19 (9th Cir.1982), cert. denied,-U.S…