· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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