NELL

v.

DUNHAM, SUPERINTENDENT, ARTHUR KILL CORRECTIONAL FACILITY

Citator

Cited By

• United States v. Walsh, 791 F.2d 811 (10th Cir. 1986)
  …pendix II. The lack of serial numbers on two of the suppressors certainly gave the trained BATF [*817] agent probable cause to believe the briefcase contained contraband. Cf. United States v. Rose, 695 F. 2d 1356, 1358 (10th Cir.1982), cert. denied, 464 U.S. 836, 104 S.Ct. 123, 78 L.Ed.2d 121 (1983) (federal firearms agents recognized potentially incriminating evidence). It was not unreasonable for the BATF agent to then take the briefcase and its contents into his custody: It is a “basic principle of Fou…
• Nell v. Warden Charles James, 811 F.2d 100 (2d Cir. 1987)
  …ge a search that implicated him in a robbery. Nell had already challenged the 1979 robbery conviction in a prior habeas petition filed in 1981, the denial of which we affirmed by summary order. Nell v. Dunham, 722 F. 2d 728 (2d Cir.), cert. denied, 464 U.S. 836, 104 S.Ct. 124, 78 L.Ed.2d 121 (1983). In his 1981 petition, insofar as here pertinent, appellant urged that the state had not provided an opportunity for full and fair litigation of his Fourth Amendment claim and that the identification testimony g…
• United States v. Bonitz, 826 F.2d 954 (10th Cir. 1987)
  …101 S.Ct. at 2174. See also United States v. Walsh, 791 F. 2d 811, 816-17 (10th Cir.1986) (trained BATF agents had probable cause to believe briefcase contained contraband); United States v. Rose, 695 F. 2d 1356, 1358 (10th Cir.1982), cert. denied, 464 U.S. 836, 104 S.Ct. 123, 78 L.Ed.2d 121 (1983) (federal firearms agents recognized potentially incriminating evidence). As noted above, the majority admits that there was probable cause to suspect the contents of the plastic case. The trial court obviously f…