Anthony Paul Marullo v. United States

Fifth Circuit

Anthony Paul Marullo v. United States

330 F.2d 609, 1964 U.S. App. LEXIS 5784

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 8, 1964

Docket20756_1

StatusPublished

Cited by2 cases

This text of 330 F.2d 609 (Anthony Paul Marullo v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anthony Paul Marullo v. United States, 330 F.2d 609, 1964 U.S. App. LEXIS 5784 (5th Cir. 1964).

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Opinion

PER CURIAM.

It is ordered that the petition for rehearing filed in the above entitled and numbered cause is hereby denied.

One point deserves clarification. Petitioner argues that the search in question must be found to be “unreasonable” under the Fourth Amendment. He contends that the present case is controlled by Chapman v. United States, 1961, 365 U.S. 610, 81 S.Ct. 776, 5 L.Ed.2d 828. Since we held that the location of the evidence in question was not within the protection of the Fourth Amendment, the reasonableness of the search is not a relevant constitutional consideration.

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PER CURIAM.

It is ordered that the petition for rehearing filed in the above entitled and numbered cause is hereby denied.

One point deserves clarification. Petitioner argues that the search in question must be found to be “unreasonable” under the Fourth Amendment. He contends that the present case is controlled by Chapman v. United States, 1961, 365 U.S. 610, 81 S.Ct. 776, 5 L.Ed.2d 828. Since we held that the location of the evidence in question was not within the protection of the Fourth Amendment, the reasonableness of the search is not a relevant constitutional consideration.

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330 F.2d 609, 1964 U.S. App. LEXIS 5784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-paul-marullo-v-united-states-ca5-1964.

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