UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JESUS VICTOR LOPEZ, APPELLANT
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The court held that the judgment of conviction for bank robbery is affirmed, finding probable cause for arrest and valid Miranda waiver.
The defendant was convicted of bank robbery. The court considered the probable cause for arrest, the admissibility of evidence found during a search, …
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PER CURIAM:
The judgment of conviction in this bank robbery case is affirmed.
In the circumstances here, there was probable cause to make the arrest. So, the fruits of the search of the person of Lopez were properly received in evidence.
The admissions made to Agent Flanagan on the morning of September 29, 1970, were found to have been made under a full Miranda
waiver. At the moment Lopez was in state custody and not immediately subject to release. (There is no evidence of state-federal collusion.)
McNabb-Mallory
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479 (1957); McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819 (1943).
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Citator
Cited By
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United States v. Cluchette, 465 F.2d 749 (9th Cir. 1972)
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United States v. Duvall, 537 F.2d 15 (2d Cir. 1976)
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United States v. Indian BOY X, 565 F.2d 585 (9th Cir. 1977)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966)
- McNABB v. United States, 318 U.S. 332 (U.S. 1943)
- Mallory v. United States, 354 U.S. 449 (U.S. 1957)
- United States v. Halbert, 436 F.2d 1226 (9th Cir. 1970)
- Pettyjohn v. United States, 419 F.2d 651 (D.C. Cir. 1969)