United States v. Charles McGill John Hartsel, Patrick Murphy, A/K/A James Murphey and Arthur Desroches
U.S. Court of Appeals for the Fifth Circuit
United States v. Charles McGill John Hartsel, Patrick Murphy, A/K/A James Murphey and Arthur Desroches, 741 F.2d 699 (5th Cir. 1984)
1984 U.S. App. LEXIS 19053
Per Curiam
United States v. Charles McGill John Hartsel, Patrick Murphy, A/K/A James Murphey and Arthur Desroches
Opinion
ON PETITIONS FOR REHEARING
Before TATE, JOLLY and DAVIS, Circuit Judges.
We find merit to McGill’s argument on application for rehearing that the following statement in our opinion at 736 F.2d 223, 228 represents an erroneous conclusion of law: “Even if the arrest was illegal, McGill voluntarily signed a form consenting to the search. Evidence obtained from an informed and voluntary consent to search is admissible despite an illegal arrest.” (citing cases)
The above statement is not essential to the opinion and is deleted.
Except as noted above, the petitions for rehearing filed in the above entitled and numbered cause are denied.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Charles McGILL, John Hartsel, Patrick Murphy, A/K/A James Murphey and Arthur Desroches, Defendants-Appellants
- Status
- Published