United States v. James Robert Capps

Ninth Circuit

United States v. James Robert Capps

460 F.2d 316, 1972 U.S. App. LEXIS 10191

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 10, 1972

Docket71-2618

StatusPublished

This text of 460 F.2d 316 (United States v. James Robert Capps) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. James Robert Capps, 460 F.2d 316, 1972 U.S. App. LEXIS 10191 (9th Cir. 1972).

Pincite

Opinion

PER CURIAM:

While searching Capps’ car for aliens, which at the point of the search they had a right to do, the immigration officers first smelled and then found considerable marijuana in shopping bags in the trunk of the car. The evidence was clearly sufficient. No one was required to accept the alibi.

A point of improper search is made. The search was probably unobjectionable on the defendant’s version of the facts. But the court found the officers’ different version was correct; that is, that the trunk key (which Capps denied having) was found on the floor in front of the seat. Obviously, the officer did the proper thing. He used it.

The judgment, is affirmed.

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PER CURIAM:

While searching Capps’ car for aliens, which at the point of the search they had a right to do, the immigration officers first smelled and then found considerable marijuana in shopping bags in the trunk of the car. The evidence was clearly sufficient. No one was required to accept the alibi.

A point of improper search is made. The search was probably unobjectionable on the defendant’s version of the facts. But the court found the officers’ different version was correct; that is, that the trunk key (which Capps denied having) was found on the floor in front of the seat. Obviously, the officer did the proper thing. He used it.

The judgment, is affirmed.

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Bluebook (online)

460 F.2d 316, 1972 U.S. App. LEXIS 10191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-robert-capps-ca9-1972.