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United States v. Kopp

United States v. John David Kopp

United States v. Kopp, 429 U.S. 121 (1976)
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Court
Supreme Court of the United States
Decided
December 6, 1976
Docket
No. 75-1536
Judges
Per Curiam
Citations
429 U.S. 12197 S. Ct. 40050 L. Ed. 2d 3361976 U.S. LEXIS 90

Opinion — Per Curiam

Per Curiam.

The operative facts herein are substantially identical to those in United States v. Morrison, ante, p. 1, and United States v. Rose, ante, p. 5. Respondent’s car was stopped by Border Patrol agents; a search disclosed marihuana. Respondent lost a motion to suppress and was found guilty after a bench trial. Following this trial, but before sentencing, the District Court, relying upon our decision in Almeida-Sanchez v. United States, 413 U. S. 266 (1973), dismissed the indictment. The Court of Appeals for the Tenth Circuit, as it did in Morrison and Rose, found the Government’s appeal barred by double jeopardy.

In United States v. Wilson, 420 U. S. 332 (1975), we held that double jeopardy would not bar a Government appeal if success on that appeal would result in the reinstatement of a verdict of guilty. The fact that the dismissal of the indictment here occurred after a general finding of guilt rendered- by the court in a bench trial, rather than after a return of a verdict of guilty by a jury, is immaterial.

Morrison, supra.

Double jeopardy therefore does not bar an appeal by the Government.

We grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand to that court for proceedings consistent herewith.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

1977: 11978: 11982: 11985: 11987: 11992: 11996: 12024: 12025: 119772026peak 1977 · 1

Relies on it most ⓘ

  1. Commonwealth v. Parker451 A.2d 767 (Pa. Super. Ct. 1982)
  2. People v. Nix556 N.W.2d 866 (Mich. 1996)
  3. State v. Briscoe617 N.E.2d 747 (Ohio Ct. App. 1992) · Dissent
  4. United States v. Markus604 F. Supp. 736 (D.N.J. 1985)
  5. United States v. CharlesNo. 23-50131 (5th Cir. Feb. 6, 2025)
  6. United States v. Scott437 U.S. 82 (1978)

Most recent

  1. United States v. CharlesNo. 23-50131 (5th Cir. Feb. 6, 2025)
  2. Commonwealth v. White, E.No. 1475 WDA 2023 (Pa. Super. Ct. Sept. 20, 2024)
  3. People v. Nix556 N.W.2d 866 (Mich. 1996)
  4. State v. Briscoe617 N.E.2d 747 (Ohio Ct. App. 1992) · Dissent
  5. State ex rel. Yates v. Court of Appeals512 N.E.2d 343 (Ohio 1987) · Dissent
  6. United States v. Markus604 F. Supp. 736 (D.N.J. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United States v. Wilson, 420 U.S. 332 (1975) 1,036
Almeida-Sanchez v. United States, 413 U.S. 266 (1973) 985

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