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· 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 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.