U.S. v. Winsor
Decision Date | 27 July 1987 |
Docket Number | No. 86-5179,86-5179 |
Citation | 822 F.2d 1466 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. Steven Dale WINSOR, Defendant-Appellant. |
Court | U.S. Court of Appeals — Ninth Circuit |
Prior report: 816 F.2d 1394.
Before BROWNING, Chief Judge, GOODWIN, WALLACE, SNEED, KENNEDY, ANDERSON, HUG, TANG, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, NELSON, CANBY, NORRIS, REINHARDT, BEEZER, HALL, WIGGINS, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, O'SCANNLAIN, and LEAVY, Circuit Judges.
Upon the vote of a majority of the regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The previous three-judge panel assignment is withdrawn.
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U.S. v. Winsor
...A limited en banc panel was convened to review the case following a vote of the majority of our active judges. See United States v. Winsor, 822 F.2d 1466 (9th Cir.1987). We now hold that Winsor's motion to suppress must be granted because the search of Winsor's room without probable cause v......
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U.S. v. Howard
... ... See Arizona v. Hicks, --- U.S. ----, 107 S.Ct. 1149, 1154, 94 L.Ed.2d 347 (1987); see also United States v. Winsor, 816 F.2d 1394, 1399 (9th Cir.), reh'g granted, 822 F.2d 1466 (9th Cir.1987); Licata, 761 F.2d at 543-44; United States v. Scott, 520 F.2d 697, 700 ... 2547, 65 L.Ed.2d 619 (1980); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). On the basis of the record before us, it is unclear whether Howard had such an expectation. Because the issue was not raised before the district court, we do not know whether Howard ... ...