Making Law in the United States Courts of Appeals

By David E. Klein | Go to book overview

Appendix A
Rules and Cases
Note: Liberal/Conservative indicates the ideological implications of the rule. Adopt/Reject refers to the later court's treatment of the rule.Search and seizure
1. A reasonable suspicion is sufficient to justify an X-ray search of a suspect at the border. Conservative.

U. S. v. Vega-Barvo, 729 F.2d 1341 (11th Cir., 1984)

U. S. v. Saldarriaga-Marin, 734 F.2d 1425 (11th Cir., 1984) – Adopt.

U. S. v. Oyekan, 786 F.2d 832 (8th Cir., 1986) – Adopt.

2. The inevitable discovery exception to the exclusionary rule does not apply to a search unless the government was actively pursuing the alternative line of investigation at the time of the violation. Liberal.

U. S. v. Satterfield, 743 F.2d 827 (11th Cir., 1984)

U. S. v. Cherry, 759 F.2d 1196 (5th Cir., 1985) – Adopt.

U. S. v. Owens, 782 F.2d 146 (10th Cir., 1986) – Adopt.

U. S. v. Silvestri, 787 F.2d 736 (1st Cir., 1986) – Reject.

U. S. v. Drosten, 819 F.2d 1067 (11th Cir., 1987) – Adopt.

U. S. v. Boatwright, 822 F.2d 862 (9th Cir., 1987) – Reject.

U. S. v. Evans, 848 F.2d 1352 (5th Cir., 1988) – Adopt.

U. S. v. Ramirez-Sandoval, 872 F.2d 1392 (9th Cir., 1989) – Reject.

U. S. v. Buchanan, 904 F.2d 349 (6th Cir., 1990) – Adopt.

U. S. v. Buchanan, 910 F.2d 1571 (7th Cir., 1990) – Reject.

U. S. v. Thomas, 955 F.2d 207 (4th Cir., 1992) – Reject.

-147-

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Making Law in the United States Courts of Appeals
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Tables viii
  • Acknowledgments ix
  • 1 - Law Making in a Hierarchical Judicial System 1
  • 2 - Theory and Hypotheses 10
  • 3 - The Cases 40
  • 4 - Influences on Circuit Judges' Responses: Case Evidence 62
  • 5 - Influences on Circuit Judges' Responses: Interview Evidence 87
  • 6 - Anticipating the Supreme Court 107
  • 7 - Implications and Future Directions 131
  • Appendix A - Rules and Cases 147
  • Appendix B - Interview Questions 168
  • References 171
  • Index 179
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