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· 3/30/1993

United States v. Kevin Mendonsa

Citations

  • 989 F.2d 366
  • 93 Daily Journal DAR 3958
  • 93 Cal. Daily Op. Serv. 2338
  • 1993 U.S. App. LEXIS 6333
  • 1993 WL 88369

How courts have described this case

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

  • holding mere confirmation of “innocent static details” provided by a tipster about where an individual lived does not provide information about suspected criminal activity
  • finding no probable cause when an informant without a track record provided an uncorroborated tip that the defendant was selling drugs in his home
  • “A refusal to reply to an officer’s order to ‘open up’ can be implied from silence.”
  • “The fact that a suspect lives at a particular location or drives a particular car does not provide any indication of criminal activity.”
  • affiant failed to mention he had seen no suspicious activity at searched house in a week-long pre-search surveillance
  • defendant's prior state criminal conviction for armed robbery insufficient to justify officers' breaking down of defendant's front door; forced entry requires \more specific inferences of exigency\ than the \mild exigency\ standard required for non-destructive entry

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Hug, Poole

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.