· 4/26/1979
United States v. Michael A. Wolffs
Citations
- 594 F.2d 77
- 1979 U.S. App. LEXIS 15133
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that application of an exclusionary rule in regards to a violation of the Act was not an appropriate remedy, but that future widespread and repeated violations could require creating an exclusionary rule
- declining to address the “complex and difficult issue” of whether, under the facts presented, the PCA was violated and, assuming without deciding that there was a violation, concluding that the exclusionary rule was inapplicable
- declining to address the \complex and difficult issue\ of whether, under the facts presented, the PCA was violated and, assuming without deciding that there was a violation, concluding that the exclusionary rule was inapplicable
- “[A]ssuming without deciding that there was a violation [of the Posse Comitatus Act], application of an exclusionary rule is not warranted.” In the event of “widespread and repeated violations” of the Act an exclusionary rule can later be fashioned.
- “defendant must adduce some evidence, more than a scintilla, which tends to show government inducement and lack of predisposition”
- “defendant must adduce some evidence, more than a scintilla, which tends to show government inducement and lack of predisposition”
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Simpson, Clark
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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