# Paul Taglavore v. United States

> Court of Appeals for the Ninth Circuit · June 13, 1961 · 291 F.2d 262

URL: https://www.frixlaw.com/law-library/cases/9448002

## Case

- **Full name:** Paul TAGLAVORE, Appellant, v. UNITED STATES of America, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 13, 1961
- **Citations:** 291 F.2d 262; 1961 U.S. App. LEXIS 4229
- **Precedential status:** Published
- **Opinion:** Concurrence by Chambers
- **Judges:** Chambers, Orr, Ham-Ley
- **Cited by:** 163 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448002

## How later opinions describe it (automated extraction)

- finding a search pretextual where traffic warrant used as pretense to arrest suspect and search him for marijuana because suspect would not ordinarily have been placed in custody for the traffic offense
- finding arrest on warrant for failure to signal and faulty brake lights used as mere excuse to search appellant for marijuana cigarettes
- finding the defendant's arrest a pretext because of the officers' failure to follow "ordinary procedure" and the timing of the arrest

## Opinion text

CHAMBERS, Circuit Judge
(concurring) .
Here we have “rough stuff” and I join in striking it down. Without indulging in explanation, I regard the *268 result here as wholly consistent with our case of Blackford v. United States, 247 F.2d 745 .
In as simple a case as this, I see no harm in not holding that a motion to suppress was necessary, but I do not believe the case should be taken as authority that a motion to suppress is never necessary.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448002. Public record. Not legal advice.
