United States v. Kenneth Joe Whitten, John Elmer Gaiefsky, Jack Wayne Gish, Richard Lawrence Shimel

How courts have described this case

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

• stating that “if a search is to be upheld as incident to an arrest, the arrest must take place inside the house.”
• stating that “if a search is to be upheld as incident to an arrest, the arrest must take place inside the house.”
• recognizing exception to this rule \where the issue conceded or neglected below is purely one of law\
• approving warrant authorizing the seizure of “telephone books, diaries, photographs, utility bills, telephone bills, and any other papers indicating the ownership or occupancy of said residence”
• approving warrant authorizing the seizure of “telephone books, diaries, photographs, utility bills, telephone bills, and any other papers indicating the ownership or occupancy of said residence”
• disallowing a protective sweep because one officer testified that he “did not know whether anyone else was in the room,” and because the officers had “no reason to suspect that any accomplice was in the vicinity.”

Source: CourtListener parenthetical corpus (CC0).