# United States v. Joe Anthony Archuleta

> Court of Appeals for the Ninth Circuit · September 9, 1971 · 446 F.2d 518

URL: https://www.frixlaw.com/law-library/cases/9457175

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Joe Anthony ARCHULETA, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** September 9, 1971
- **Citations:** 446 F.2d 518
- **Precedential status:** Published
- **Opinion:** Dissent by Ely
- **Judges:** Chambers, Browning, Ely
- **Cited by:** 15 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/9457175

## Opinion text

ELY, Circuit Judge
(dissenting):
I respectfully dissent. In the light of the Supreme Court’s very recent decision in Whitely, I believe that the majority’s disposition of the appeal is mistaken. My Brothers undertake, in one sentence, to distinguish Whitely. I do not criticize their brevity, but I do most strongly disagree that the suggested distinction is so sufficiently adequate as to avoid the thrust of the Supreme Court’s latest expression with respect to the type of warrantless arrest and search to which the appellant in our case was subjected. The police “guessed” that they had the right man, but the fact that they were good “guessers” cannot, of course, be equated with the probable cause which is the indispensable prerequisite for an arrest and which, in my opinion, was nonexistent when the arrest in this case was made.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457175. Public record. Not legal advice.