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· 7/27/2004

United States v. Craig Montgomery

Citations

  • 377 F.3d 582
  • 2004 U.S. App. LEXIS 15438
  • 2004 WL 1660310

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a Terry search was justified “[b]ased upon the nervousness of all of the occupants, the marijuana stem in plain view, []attempts to conceal the marijuana stem and an unknown object, respectively”
  • noting that under Rawlings, “the search-incident-to-lawful-arrest rule . . . permits an officer to conduct a full search of an arrestee's person before he is placed under lawful custodial arrest . . . .”
  • so long as officer had probable cause to arrest, no formal custodial arrest is necessary before a search incident to arrest can be made
  • “When considering the denial of a suppression motion, we must view the evidence in the light most favorable to the government.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boggs, Kennedy, Russell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.