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Citing references

Opinions citing United States v. Monclavo-Cruz, 662 F.2d 1285 (9th Cir. 1981)

55 citing cases

  1. State v. Wade
    573 N.W.2d 228 Court of Appeals of WisconsinDecember 17, 1997

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir. 1981), is readily distinguishable from the facts in the case at bar. In Monclavo-Cruz , an immigration officer stopped the defendant's car and placed her under arrest. See id. at 1286 .

  2. 698 F.2d 1038 Ninth CircuitFebruary 10, 1983

    Monclavo Cruz, 662 F.2d 1285 (9th Cir.1981), which holds that neither the arrest of a suspect nor the seizure of his belongings operates to deprive him of his Fourth Amendment privacy rights.

  3. 707 F.2d 1093 Ninth CircuitJune 10, 1983

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir.1981), an officer arrested a female passenger of an automobile and seized her purse, which was either in her hand, on her lap, or on the seat beside her.

  4. People v. Decker
    176 Cal. App. 3d 1247 California Court of AppealJanuary 30, 1986

    Monclavo-Cruz (9th Cir. 1981) 662 F.2d 1285 . In that case the United States Court of Appeals for the Ninth Circuit was faced with a factual situation very similar to appellant’s case.

  5. 788 F.2d 544 Ninth CircuitMay 23, 1986

    Monclavo-Cruz, 662 F.2d 1285, 1289 (9th Cir.1981), we held that "the community caretaking functions of the police are usually well served by simply inventorying personal baggage as a unit without searching it.”

  6. 895 F. Supp. 2d 1011 D. HawaiiSeptember 10, 2012

    Mondavo-Cruz, 662 F.2d 1285, 1290 (9th Cir.1981).

  7. State v. Garcia
    665 P.2d 1381 Court of Appeals of WashingtonJune 23, 1983

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir. 1981), which held the defendant had a recognized expectation of privacy in her purse.

  8. State v. Lamere
    735 P.2d 511 Montana Supreme CourtApril 7, 1987

    Monclavo-Cruz (9th Cir.1981), 662 F.2d 1285 for its authority. The majority erroneously adopts Lamping as controlling law in this case. The contradictions within the Lamping opinion and now this majority opinion are glaring and problematic.

  9. 871 F.2d 1496 Ninth CircuitApril 7, 1989

    Monclavo Cruz, 662 F.2d 1285, 1290 (9th Cir.1985).

  10. 834 F.2d 1191 Fifth CircuitDecember 17, 1987

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir.1981)(warrantless search of purse one hour after arrest and after purse was in exclusive police custody did not fall within search incident to an arrest exception); United States v.

  11. 614 F.3d 1046 Ninth CircuitAugust 12, 2010

    Monclavo-Cruz, 662 F.2d 1285, 1287 (9th Cir.1981) (citing Robbins v. California, 453 U.S. 420, 424-25 , 101 S.Ct. 2841 , 69 L.Ed.2d 744 (1981)) (plurality).

  12. State v. White
    722 P.2d 118 Court of Appeals of WashingtonJuly 8, 1986

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir. 1981). Thus, the courts distinguish between items found on the person, such as a wallet or cigarette package, from *279 purses, briefcases or luggage, the latter having a greater expectation of privacy. State v.

  13. State v. Caraher
    653 P.2d 942 Oregon Supreme CourtNovember 2, 1982

    Monclavo-Cruz, 662 F.2d 1285, 1287-88 (9th Cir.1981) similarly limiting Belton. But see United States v. Brown, 671 F.2d 585 (D.C. Cir.1982), applying Belton to street arrest and United States v.

  14. People v. Diaz
    244 P.3d 501 California Supreme CourtJanuary 3, 2011

    Monclavo-Cruz (9th Cir. 1981) 662 F.2d 1285, 1288 [delayed warrantless search of purse held unreasonable: "The fact that an officer is prevented from conducting a Chimel/Belton search, however, is not a sufficient reason to justify a search an hour later at the

  15. Kight v. State
    512 So. 2d 922 Supreme Court of FloridaJuly 9, 1987

    Monclavo-Cruz, 662 F.2d 1285, 1290 (9th Cir.1981).

  16. 992 F.2d 229 Ninth CircuitApril 23, 1993

    Monclavo-Cruz, 662 F.2d 1285, 1289 (9th Cir. 1981).

  17. 141 F.3d 839 Eighth CircuitApril 6, 1998

    Monclavo-Cruz, 662 F.2d 1285, 1290 (9th Cir.1981) (purse like suitcase and briefcase, not clothing; search of purse at station house not valid as incident to arrest). In United States v.

  18. 773 F.3d 932 Ninth CircuitDecember 11, 2014

    Mondavo-Cruz, 662 F.2d 1285, 1288 (9th Cir.1981) (holding that the warrantless search of an arrestee’s purse at the station house, about an hour after she was arrested next to her car, was not sufficiently contemporaneous with the arrest to be incident to arrest

  19. 852 F.2d 471 Ninth CircuitJuly 22, 1988

    Monclavo-Cruz, 662 F.2d 1285, 1287 (9th Cir.1981). 1 This argument proves too much. Removal of blood from a defendant’s blood stream eliminates immediately the danger that evidence of blood-alcohol content will be lost.

  20. 725 F.3d 293 Third CircuitAugust 5, 2013

    Monclavo-Cruz, 662 F.2d 1285, 1288 (9th Cir. 1981) (relying on the narrowing construction given to the majority opinion by Justice Powell, who was also a necessary member of the majority, to limit the majority’s holding in South Dakota v.

  21. 808 F.3d 1195 Ninth CircuitAugust 13, 2015

    Monclavo-Cruz, 662 F.2d 1285, 1288 (9th Cir.1981) (holding that the search of the purse of an arrestee “more than an hour after her arrest at the station house” was not valid incident to arrest).

  22. State v. Gelvin
    318 N.W.2d 302 North Dakota Supreme CourtApril 21, 1982

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir.1981) [purse]; United States v. Bloomfield, 594 F.2d 1200 (8th Cir.1979) [knapsack]; United States v. Schleis, 582 F.2d 1166 (8th Cir.1978) [locked briefcase]; Sumlin v.

  23. State v. Kunkel
    455 N.W.2d 208 North Dakota Supreme CourtApril 25, 1990

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir.1981). The trial court also determined that the evidence was admissible because it was discovered pursuant to a valid inventory of the contents of the impounded vehicle. Colorado v.

  24. 917 F.3d 1161 Tenth CircuitMarch 5, 2019

    Monclavo-Cruz , 662 F.2d 1285 , 1287-88 (9th Cir. 1981) ; State v. Carrawell , 481 S.W.3d 833 , 840-41 (Mo. 2016) (en banc).

  25. 708 F.2d 1568 Eleventh CircuitJune 28, 1983

    Monclavo-Cruz, 662 F.2d 1285 (9th Cir.1981); United States v. Bloomfield, 594 F.2d 1200 (8th Cir. 1979); and United States v.

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