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United States v. Curtis Leroy Owens

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Leroy OWENS, Defendant-Appellant

United States v. Owens, 475 F.2d 759 (5th Cir. 1973)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 30, 1973
Docket
No. 72-2567
Judges
Wisdom, Gewin, Coleman
Citations
475 F.2d 7591973 U.S. App. LEXIS 10785

Opinion — Per Curiam

PER CURIAM:

The defendant, Owens, appeals from his non-jury conviction for possession of heroin in violation of 21 U.S.C. § 844 (a).

There is no reason to explore the dimensions of “probable cause” in airport, arrests and searches. Here Owens voluntarily agreed to accompany Customs Security Officer Harris to the office of Customs Patrol Officer Castro. Apparently Owens panicked, knocked down Castro, put a cellophane package in his mouth, and began to run away. At this point there was probable cause to arrest Owens and remove the package from his mouth. It was heroin.

Owens cannot complain that his rights were violated by his being taken to a hospital where a stomach pump was used to extract heroin. At the time he appeared to be unconscious or semi-conscious and the officers acted in good faith to prevent further harm to him. This case bears no resemblance to Rochin v, California, 1952, 342 U.S. 165 , 72 S.Ct. 205 , 96 L.Ed. 183 .

We hold, therefore, that the district court did not err in overruling the defendant’s motion to suppress the evidence. See Rener v. Beto, 5 Cir. 1971, 447 F.2d 20 .

The judgment is affirmed.

How later courts describe this case

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

1973: 11976: 21984: 11990: 12000: 12019: 119732026peak 1976 · 2

Relies on it most ⓘ

  1. United States v. Winstanley359 F. Supp. 146 (E.D. La. 1973)
  2. United States v. Cornelius Franklin728 F.2d 994 (8th Cir. 1984)
  3. United States v. Eunice Husband226 F.3d 626 (7th Cir. 2000)
  4. United States v. Dudley P. Hardy895 F.2d 1331 (11th Cir. 1990)
  5. United States v. Richard Gregory Harold, Jr. And Tom Martin Barber531 F.2d 704 (5th Cir. 1976)
  6. United States v. Alvin B. Thomas551 F.2d 347 (D.C. Cir. 1976)

Most recent

  1. Kimberlee Carbone v. Robert SalemNo. 17-3780 (3d Cir. Oct. 22, 2019)
  2. United States v. Eunice Husband226 F.3d 626 (7th Cir. 2000)
  3. United States v. Dudley P. Hardy895 F.2d 1331 (11th Cir. 1990)
  4. United States v. Cornelius Franklin728 F.2d 994 (8th Cir. 1984)
  5. United States v. Alvin B. Thomas551 F.2d 347 (D.C. Cir. 1976)
  6. United States v. Richard Gregory Harold, Jr. And Tom Martin Barber531 F.2d 704 (5th Cir. 1976)

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
Rochin v. California, 342 U.S. 165 (1952) 2,638
Rener v. George J, 447 F.2d 20 (5th Cir. 1971) 4

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