Fifth Circuit· 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

Cited by

72 cases in this archive cite this case; the 20 most cited are listed.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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.