Opinion

United States v. Barona

  • 56 F.3d 1087
  • 1995 WL 329267
Court
Court of Appeals for the Ninth Circuit
Filed
Jun 5, 1995
Status
Published
Author
Tanner
On the bench
Reinhardt, Tanner, Wallace
Cited by
58 cases

holding that Fourth Amendment protection 18612 UNITED STATES v. ZAKHAROV does not apply to an alien until he “has assumed the complete range of obligations that we impose on the citizenry” (quota- tion and citation omitted)

How later courts described this case

  • holding that Fourth Amendment protection 18612 UNITED STATES v. ZAKHAROV does not apply to an alien until he “has assumed the complete range of obligations that we impose on the citizenry” (quota- tion and citation omitted)
  • finding error in failing to instruct that certain individuals who were on list of potential supervisees given to jury were incapable, as a legal matter, of counting as supervisees
  • explaining that “with regard to foreign searches involving aliens with ‘no voluntary connection’ to the United States, [ ] the Fourth Amendment is simply inapplicable”
  • holding that the good faith exception to the exclusionary doctrine applies when United States authorities reasonably rely on representations concerning foreign law

Written by the judges who cited it.

The opinion

TANNER, District Judge,

concurring.

I concur in the opinion filed today. I write separately, however, to explicitly reject Judge Reinhardt’s inference that the makeup of the panel affected the outcome of this case in any way other than in the normal course of the decision-making process that goes into every case heard before this court. Dissent at 1105 (“panel composition, not persuasive legal analysis, has determined the result in this case”). Nothing could be further from the truth.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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