maryland v buie case brief

376 results for maryland v buie case brief

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  • 477 F.3d 326 (6th Cir. 2007), 05-5615, Wilson v. Morgan

    ....           ON BRIEF: .           Herbert S. Moncier, Law ...          The case proceeded to trial in March 2004, but the jury ... protective sweep could be lawful under Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ...

  • 461 F.3d 1142 (9th Cir. 2006), 04-30545, United States v. Arellano-Ochoa

    ... quickly entered, subdued the man after a brief scuffle, and handcuffed him. A protective sweep ... exigent circumstances exist in a given case is a fact-specific inquiry that depends on the ...But the sweep was permissible under Maryland v. Buie 18 and our decision in United States v. ...

  • 326 F.3d 651 (5th Cir. 2003), 02-30629, United States v. Gould

    ... in the district court, which in this case was Gould. Id. Applicability of the good faith ... of a valid "protective sweep" under Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ... weapons, on the other hand, constitutes a brief, though far from inconsiderable, intrusion upon ...

  • 888 F.3d 922 (8th Cir. 2018), 17-1225, United States v. Ford

    The Eighth Circuit affirmed the trial court's denial of defendant's motion to suppress evidence. The court held that the it was reasonable for officers to believe that defendant was a resident of the home; a protective sweep of the house was justified because the officers had information that defendant was armed; and the scope of the search was reasonable. The court also held that defendant was...

    ... others." Maryland v. Buie, 494 U.S. 325, 327,. 110 S.Ct. ... facts." 7 Reference to Iowa state court cases. confirms that the drug at issue is an ... Ford leave to file a pro se supplemental brief, we. denied him leave to file a reply. Ford ...

  • 568 F.3d 88 (2nd Cir. 2009), 06-3112, United States v. Ivezaj

    ...Greenberg (Steven Y. Yurowitz, on the brief), New York, N. Y., for Defendant-Appellant Prenka ... Appeals held that intangible goods-in that case, a tenant's right to occupy an apartment-could ...Applying Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ...

  • 662 F.3d 577 (1st Cir. 2011), 09-2406, Solis-Alarcon v. United States

    ...Melé ndez-Albizu on brief for appellants.           Tony West, ...In many like search cases, the police had more potent evidence of ... after entry, the government invokes Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ...

  • 419 F.3d 34 (1st Cir. 2005), 04-1691, United States v. Jimenez

    ...Wenc, with whom Wenc Law Offices was on brief, for appellant.         Thomas J. ...738 (2005), requires remand of this case for resentencing. For the reasons stated herein, ... safety of police officers or others." Maryland v. Buie , 494 U.S. 325, 327 (1990) . This is ...

  • 741 F.3d 1170 (11th Cir. 2013), 11-15832, United States v. Timmann

    ... of the apartment, the officers saw a display case in the hall leading to the bedroom that contained ...The trial was brief. The evidence consisted of the parties' ... safety of police officers or others." Maryland v. Buie, 494 U.S. 325, 327, 110 S.Ct. 1093, ...

  • 871 F.3d 852 (9th Cir. 2017), 14-50472, United States v. Job

    ... case in which the defendant was convicted of ... Terry allows a "brief stop" where an. officer has "reasonable ... protective sweep under Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ...

  • United States v. Griffin, 040220 FED11, 18-14826

    ... the search of his home and the case went to trial. A jury. convicted Griffin on ... their safety. See Maryland v. Buie, 494 U.S. 325,. 337 (1990) ("The ... safety justified the officer's brief search of. Griffin's home. Based on the ...

  • 258 F.3d 156 (3rd Cir. 2001), 00-3241, Leveto v. Lapina

    ... qualified immunity due to uncertainty in the case law, and we therefore affirm the decision of the ...' is one of reasonableness."); Maryland v. Buie, 494 U.S. 325, 331 (1990) ("[T]he Fourth ... individualized suspicion" to justify even a brief detention of Dr. Leveto. Although the Supreme ...

  • Criminal law - Terry searches predicated on nothing more than reasonable suspicion that a suspect is armed and dangerous.

    ... not to address this issue, deciding the case instead on the grounds that the pat-frisk was ...(6) Upon completing a brief investigation and concluding that no one had ... recognized during pat-frisk); Maryland v. Buie, 494 U.S. 325, 336-37 (1990) (allowing ...

  • 676 F.3d 1252 (11th Cir. 2012), 10-12480, United States v. Noriega

    ...So, we are sending the case back to the district court for additional ... Maryland v. Buie, 494 U.S. 325, 336-37, 110 S.Ct. 1093, ... contends for the first time in his reply brief that the evidence found at his property should be ...

  • 598 F.3d 997 (8th Cir. 2010), 09-1890, United States v. Cisneros-Gutierrez

    ...Woolery, Asst. U.S. Atty., on the brief), for appellee.           Before ... permission to verify that this was the case. During a protective sweep, Ortiz encountered ... under the principles outlined in Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ...

  • Brown v. Polk County, 071320 FED7, 19-2698

    ...This. exam was brief and similar to a routine pelvic exam or a pap. ... unreasonable ones. See Maryland v. King, 569 U.S. 435, 446-47 (2013). We ... search in this case does not similarly belong in the. "closely ...at 447 (quoting Maryland v. Buie, 494 U.S. 325, 331 (1990)). . . ...

  • United States v. Hanuman, 081820 FED8, 19-2232

    ... those on the arrest scene." Maryland v. Buie,. 494 U.S. 325, 334 (1990); see ...The deputies'. brief, reasonably based protective sweep thus did not ...Among other things, both. cases involved non-arrest situations, and neither case. ...

  • 379 F.3d 813 (9th Cir. 2004), 02-50380, United States v. Kincade

    ...        In briefing to the district court prior to a scheduled ...        For the most part, these cases involve searches conducted for important non-law ..., and ought not to be granted." The Maryland Declaration of Rights (1776), Art. XXIII, was ...Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 ...

  • 740 F.3d 569 (11th Cir. 2014), 11-13427, United States v. Yeary

    ...Section A touches briefly on the criminal activities Yeary engaged in prior ... his commission of the crimes charged in this case. Sections B, C and D set out the circumstances ... See Maryland v. Buie, 494 U.S. 325, 333-35, 110 S.Ct. 1093, ...

  • 918 F.2d 955 (4th Cir. 1990), 89-2688, Buie v. System Automation Corp.

    ... and Bress, Chartered, Washington, D.C., on brief.         David H. Shapiro, Kator, Scott ... District Judge for the District of Maryland, Sitting by Designation.         GARBIS, ...Both sides appeal. Statement of the Case .         S.A. is a privately-held, ...

  • 365 F.3d 1086 (D.C. Cir. 2004), 02-3094, United States v. Goree

    ...With him on the briefs was Sean C. Grimsley, Assistant Federal Public ... police officer would believe." In re Sealed Case, 153 F.3d 759, 766 (D.C.Cir. 1998) (internal ... sweep" for dangerous persons under Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ...

  • 889 F.3d 1120 (9th Cir. 2018), 15-30222, United States v. Johnson

    The Ninth Circuit reversed the denial of defendant's motion to suppress evidence found on his person and in the car he was driving. The panel held that defendant failed to show that the officers' decision to pull him over and to impound his car would have occurred in the absence of an impermissible reason. However, the panel held, in light of United States v. Orozco, 858 F.3d 1204 (9th Cir. 2017),

    ... with notes on court cases that corresponded to several. criminal ... seizures. In both its brief in opposition to the motion to. suppress ... suspicion. See, e.g., Maryland v. Buie, 494. U.S. 325, 330, 110 S.Ct. ...

  • 444 F.3d 447 (5th Cir. 2006), 05-60214, United States v. Virgil

    ... Maryland v. Buie , 494 U.S. 325, 334, 110 S.Ct. 1093, 108 ... counsel is not at issue, as Virgil does not brief that ground. Rather, Virgil's sole argument with ... amendment's right to counsel in criminal cases is absolute, an accused's right to a particular ...

  • 849 F.3d 1164 (9th Cir. 2017), 15-16404, Mahrt v. Beard

    The State challenged the district court's grant of habeas relief to petitioner, finding that his state-court guilty plea was based on a violation of his Sixth Amendment right to effective assistance of counsel. The court held that Tollett v. Henderson does not bar petitioner's ineffective assistance of counsel claim. Tollett, properly understood, provided that although freestanding constitutional

    ... ammunition, and a locked guitar case that contained a shotgun. and an AK-47 ... " brief, the California analogue to an Anders. ... search is permitted under Maryland v. Buie, based on. the " interest of the ...

  • 780 F.3d 1064 (11th Cir. 2015), 13-13780, United States v. Hollis

    In February 2011, officers were searching for defendant Shedrick Hollis based on an outstanding Georgia arrest warrant for a parole violation. Law enforcement learned that Hollis could be found in an apartment the officers suspected to be a drug house. After surrounding the apartment, the officers saw Hollis through a window, broke through the door, and arrested him, and other officers conducted...

    ...After waiting for a brief period, the officers used a battering ram to open ... a danger to those on the arrest scene." Maryland v. Buie, 494 U.S. 325, 334, 110 S.Ct. 1093, 1098, ... precisely calibrated and must be applied in case-specific evidentiary circumstances that often ...

  • 331 F.3d 982 (D.C. Cir. 2003), 01-3016, U.S. v. Redman

    ...Kramer, Federal Public Defender, was on brief.         Patricia A. Heffernan, Assistant ... beyond the protective sweep permitted by Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 ... sweep, is appropriately admitted in this case, and I would represent that it is not. . Id. at ...