United States v. Jerry Craig Jellsett
U.S. Court of Appeals for the Ninth Circuit
United States v. Jerry Craig Jellsett, 448 F.2d 1278 (9th Cir. 1971)
1971 U.S. App. LEXIS 7952
United States v. Jerry Craig Jellsett
Opinion
The search of Jellsett’s suitcase was in violation of the Fourth Amendment. It was not incident to the arrest. The suitcase was not, at the time of the search, within the area of Jellsett’s immediate control, and there was no probable cause to believe that it contained contraband. Chimel v. California, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.
Reversed. When the mandate goes down, the indictment will be dismissed.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Jerry Craig JELLSETT, Defendant-Appellant
- Status
- Published