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United States v. William Harvey Floyd, David Michael Floyd, George Samuel Floyd, Ronald Martis Ray and Manuel Bocardo Garcia, Jr.

UNITED STATES of America, Plaintiff-Appellee, v. William Harvey FLOYD, David Michael Floyd, George Samuel Floyd, Ronald Martis Ray and Manuel Bocardo Garcia, Jr., Defendants-Appellants

United States v. Floyd, 681 F.2d 265 (5th Cir. 1982)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
July 19, 1982
Docket
No. 81-2227
Judges
Clark, Garza, Gee, Per Curiam
Citations
681 F.2d 26510 Fed. R. Serv. 16691982 U.S. App. LEXIS 17334

Opinion — Per Curiam

PER CURIAM:

Appellants appeal their various drug convictions and we affirm. Two points only merit brief discussion.

Complaint is made of the admission in evidence of certain tapes of a conversation, one ground of complaint being that some of the elements enumerated for admissibility of such tapes in the Eighth Circuit opinion of United States v. McMillan, 508 F.2d 101 (8th Cir. 1974), were not established. We do not recognize McMillan ’s test in this circuit.

United States v. Anderton, 679 F.2d 1199 (5th Cir. 1982);

United States v. Biggins, 551 F.2d 64 (5th Cir. 1977). All that is required under our rule is proof of the competency of the operator, the fidelity of the recording equipment, the absence of material .. . alterations in the relevant portions of the recording, and the identification of the relevant speakers.

551 F.2d at 66 . We conclude that the showing made here sufficed, under the broad discretion accorded trial courts in the admission of evidence, to comply with the test of our court.

Appellants also complain of the warrantless search of the trunk of an automobile which one of them, David Michael Floyd, was driving when he was apprehended. The record, however, establishes probable cause for the arresting officers to have believed that the vehicle in question was transporting contraband — the drugs actually discovered by the search. The remaining question raised by the opening of containers discovered in that trunk, containers that may have been opaque, 1

has been settled by the intervening decision of the United States Supreme Court in United States v. Ross, - U.S. -, 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982).

AFFIRMED.

1

. The record is likewise opaque on this point.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1983: 21988: 119832026peak 1983 · 2

Relies on it most ⓘ

  1. United States v. Gary Lee Lance, Willie Love, and Rebecca Lance853 F.2d 1177 (5th Cir. 1988)
  2. People v. Smith447 N.E.2d 809 (Ill. 1983)
  3. United States v. Richard Badolato, Jan C. Sabo and Frank J. Perate710 F.2d 1509 (11th Cir. 1983)

Most recent

  1. United States v. Gary Lee Lance, Willie Love, and Rebecca Lance853 F.2d 1177 (5th Cir. 1988)
  2. United States v. Richard Badolato, Jan C. Sabo and Frank J. Perate710 F.2d 1509 (11th Cir. 1983)
  3. People v. Smith447 N.E.2d 809 (Ill. 1983)

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 4

DepthCaseCited by
United States v. Ross, 456 U.S. 798 (1982) 3,400
United States v. McMillan, 508 F.2d 101 (8th Cir. 1975) 191
United States v. Biggins, 551 F.2d 64 (5th Cir. 1977) 78
United States v. Anderton, 679 F.2d 1199 (5th Cir. 1982) 30

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