· 3/20/1996
UNITED STATES of America, Plaintiff-Appellee, v. Massoud NOUSHFAR; Zohreh Shayesteh and Kamran Shayesteh, Defendants-Appellants
Citations
- 78 F.3d 1442
- 98 Daily Journal DAR 3299
- 48 Fed. R. Serv. 1464
- 1996 U.S. App. LEXIS 42516
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that without more, allegations that additional \charges were filed because the defendants had moved to suppress evidence [are] . . . insufficient to create a presumption of vindictiveness\
- playing the tapes in the jury room was “akin to allowing a new witness to testify privately, without cross-examination”
- stating \[a] protective sweep may last 'no longer than it takes to complete the arrest and depart the premises' \ (quoting Buie, 494 U.S. at 335-36 , 110 S.Ct. 1093 )
- similarly explaining that Kow invalidated a warrant on overbreadth grounds because the warrant “set no time limits and allowed seizure of essentially all the business’s records, computer hardware and software, files, ledgers, and invoices”
- stmctural error for the jury to consider unadmitted evidence because it \undermines one of the most fundamental tenets of our justice system: that a defendant's conviction may be based only on the evidence presented during the trial\
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Wright, Canby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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