Schneiter v. United States
Syllabus
REPORTED OPINION DISMISSING CASE. on MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6) filed by USA. on [14] MOTION filed by KARL DAVID SCHNEITER granting [13] Motion to Dismiss - Rule 12(b)(1) and (6) denying [14] Motion for court review of agency counsel's conduct. The court DISMISSES plaintiff's claim for breach of contract for failure to state a claim upon which relief can be granted, with prejudice, and plaintiff's remaining claims for lack of subject-matter jurisdiction, without prejudice. The Clerk is directed to enter judgment. Signed by Senior Judge Margaret M. Sweeney. (jb2) Service on parties made. (Main Document 30 replaced on 4/7/2022 to correct date of decision) (ac7).
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- placing defendants in cruiser while lone trooper continued investigation was reasonable in circumstances and did not constitute arrest
- detecting an odor of burnt marijuana provided probable cause to search the defendant’s vehicle
- officer’s observation of ammunition clip in defendant’s vehicle created concern for his safety and question about location of gun was therefore reasonable
- “the loaded ammunition clip in the van . . . conveyed the clear message that one or more guns were probably in the van”
- objectively reasonable need to protect police from immediate danger associated with weapon excused failure to give Miranda warnings before demanding to know where gun was located
- objectively reasonable need to protect police from immediate danger associated with weapon excused officer’s failure to give Miranda warnings before demanding to know where gun was located
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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