U.S. Court of Appeals for the Fourth Circuit, 1970

United States v. Webster

U.S. Court of Appeals for the Fourth Circuit · Decided May 18, 1970 · Craven, Jones, Sobeloff

426 F.2d 289 (Federal Reporter, Second Series)

Counsel

Harold I. Glaser, Baltimore, Md. (Harvey A. Blum, Baltimore, Md., on the brief), for appellants., J. Frederick Motz, Asst. U.. S. Atty. (Stephen H. Sachs, U. S. Atty., on the brief), for appellee.

Cases that cite this one

4 later published cases cite this decision.

United States v. Daniel C. Mason (D.C. Cir. 1975)
United States v. Gwinn (District Court, S.D. West Virginia 1999)
Lykken v. Vavreck (D. Minn. 1973)
United States v. Walter Rodger Webster, Charles Frazier (4th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

The only question worthy of consideration is whether the search and seizure violated the fourth amendment, so that the evidence obtained should have been suppressed. The questioned search occurred prior to the effective date of Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). We have previously held Chi mel not to be retroactive in application. Porter v. Ashmore, 421 F.2d 1186 (4th Cir. 1970). Whether the search was reasonable is thus to be determined by application of the standards of United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653 (1950). Applying that standard we find no error.

Affirmed.

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