· 11/27/1995
United States v. Jerry Butler
Citations
- 71 F.3d 243
- 43 Fed. R. Serv. 460
- 1995 U.S. App. LEXIS 33111
- 1995 WL 696593
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that fact the declarant was in the room where guns were found did not corroborate exculpatory parts of declarant’s statement that the defendant was not in the room and that the police planted the guns
- noting that “the fact that Butler held a position as a gang security guard does make it more 24 No. 18-6038, United States v. Peete probable that Butler possessed the gun and was aware he possessed it”
- explaining that if a building appears to have several units but is actually being used as a single unit, “a finding of probable cause as to a portion of the premises is sufficient to support a search of the entire structure”
- affirming because other gang members were present when defendant was arrested
- prosecutor’s comments could be viewed as invited by the defense’s attack on the credibility of a police officer’s testimony
- evidence that defendant, a known gang leader, lived in second floor of apartment and used first floor as a security checkpoint was sufficient to justify conclusion that entire building was used as a single unit
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Flaum, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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