United States v. Jerry Craig Jellsett

Ninth Circuit

United States v. Jerry Craig Jellsett

448 F.2d 1278, 1971 U.S. App. LEXIS 7952

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 22, 1971

Docket26927

StatusPublished

This text of 448 F.2d 1278 (United States v. Jerry Craig Jellsett) 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. Jerry Craig Jellsett, 448 F.2d 1278, 1971 U.S. App. LEXIS 7952 (9th Cir. 1971).

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Opinion

PER CURIAM:

The search of Jellsett’s suitcase was in violation of the Fourth Amendment. It was not incident to the arrest. The suitcase was not, at the time of the search, within the area of Jellsett’s immediate control, and there was no probable cause to believe that it contained contraband. Chimel v. California, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.

Reversed. When the mandate goes down, the indictment will be dismissed.

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PER CURIAM:

The search of Jellsett’s suitcase was in violation of the Fourth Amendment. It was not incident to the arrest. The suitcase was not, at the time of the search, within the area of Jellsett’s immediate control, and there was no probable cause to believe that it contained contraband. Chimel v. California, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.

Reversed. When the mandate goes down, the indictment will be dismissed.

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Bluebook (online)

448 F.2d 1278, 1971 U.S. App. LEXIS 7952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jerry-craig-jellsett-ca9-1971.

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