Supreme Court of the United States, 1976

United States v. Kopp

Supreme Court of the United States · Decided December 6, 1976 · Per Curiam

429 U.S. 121; 97 S. Ct. 400; 50 L. Ed. 2d 336; 1976 U.S. LEXIS 90 (United States Reports)

Cases that cite this one

9 later published cases cite this decision.

People v. Nix (Mich. 1996)
Commonwealth v. Parker (Pa. Super. Ct. 1982)
State v. Briscoe (Ohio Ct. App. 1992)
United States v. Markus (District Court, D. New Jersey 1985)
United States v. Charles (5th Cir. 2025)
United States v. Scott (Supreme Court of the United States 1978)
Com. v. White, E. (Pa. Super. Ct. 2024)
State ex rel. Yates v. Court of Appeals (Ohio 1987)
Milton v. Bell Laboratories, Inc. (District Court, D. New Jersey 1977)

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

Per Curiam.

The operative facts herein are substantially identical to those in United States v. Morrison, ante, p. 1, and United States v. Rose, ante, p. 5. Respondent’s car was stopped by Border Patrol agents; a search disclosed marihuana. Respondent lost a motion to suppress and was found guilty after a bench trial. Following this trial, but before sentencing, the District Court, relying upon our decision in Almeida-Sanchez v. United States, 413 U. S. 266 (1973), dismissed the indictment. The Court of Appeals for the Tenth Circuit, as it did in Morrison and Rose, found the Government’s appeal barred by double jeopardy.

In United States v. Wilson, 420 U. S. 332 (1975), we held that double jeopardy would not bar a Government appeal if success on that appeal would result in the reinstatement of a verdict of guilty. The fact that the dismissal of the indictment here occurred after a general finding of guilt rendered- by the court in a bench trial, rather than after a return of a verdict of guilty by a jury, is immaterial. Morrison, supra. Double jeopardy therefore does not bar an appeal by the Government.

We grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand to that court for proceedings consistent herewith.

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