U.S. v. Tobin

Citation902 F.2d 821
Decision Date16 May 1990
Docket Number88-5274,Nos. 87-6015,s. 87-6015
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Ronald TOBIN, Clifford Roger Ackerson, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Ronald TOBIN, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)

Samuel Burstyn, Robert F. Dunlap, Miami, Fla., for defendants-appellants.

Leon B. Kellner, U.S. Atty., Dawn Bowen, Linda Collins Hertz, Edward Nucci, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Appeals from the United States District Court for the Southern District of Florida; Kenneth L. Ryskamp, Judge.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion November 22, 1989, 11th Cir., 1989, 890 F.2d 319).

Before TJOFLAT, Chief Judge, and FAY, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges. *

BY THE COURT:

A member of this court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in this court in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above causes shall be reheard by this court en banc with oral argument during the week of October 8, 1990, on a date hereafter to be fixed. The clerk will specify a briefing schedule for the filing of en banc briefs. The previous panel's opinion is hereby VACATED.

* Senior Judge Albert J. Henderson has elected to participate in further proceedings in this matter pursuant to 28 U.S.C. Sec. 46(c).

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8 cases
  • Moore v. Pederson
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • October 15, 2015
    ...Circuit case that was issued in May 2008. To state the obvious, United States v. Tobin,890 F.2d 319, 327 (11th Cir.1989), vacated,902 F.2d 821 (11th Cir.1990), the Eleventh Circuit case on which Moore relies, was vacated. That means it has no legal force, so it could not have clearly establ......
  • State v. Beavers, 920056-CA
    • United States
    • Utah Court of Appeals
    • August 13, 1993
    ...enjoys special protection under the Fourth Amendment." United States v. Tobin, 890 F.2d 319, 327 (11th Cir.1989), vacated, 902 F.2d 821 (11th Cir.1990) (en banc) (granting rehearing). Although the original panel's decision was vacated, the Eleventh Circuit, in an en banc opinion following r......
  • U.S. v. Tobin
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • February 21, 1991
    ...reported in the panel's opinion. United States v. Tobin, 890 F.2d 319 (11th Cir.1989), reh'g granted and opinion vacated, 902 F.2d 821 (11th Cir.1990). We therefore give only the following brief On March 19, 1986, two United States Customs agents and two Drug Enforcement Administration agen......
  • Hopkins v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 30, 1994
    ...justify the entry of private premises for a Terry detention. See United States v. Tobin, 890 F.2d 319, 327 (11th Cir.1989), vacated, 902 F.2d 821 (11th Cir.), on rehearing, 923 F.2d 1506, 1511 (11th Cir.1990) (en banc) ("[r]easonable suspicion cannot justify the warrantless search of a hous......
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