finding “there [was] simply no plausible explanation as to why customs officials failed to go before a magistrate and obtain a search warrant” when the officials “actually planned the cocaine transfer and could have controlled the time at which it took place”
How later courts described this case
- finding “there [was] simply no plausible explanation as to why customs officials failed to go before a magistrate and obtain a search warrant” when the officials “actually planned the cocaine transfer and could have controlled the time at which it took place”
- “[A] trial [court’s] failure to inform counsel of an *598 instruction which is subsequently given to the jury, or omitted from their consideration, does not require that the conviction be reversed in every case. Rather, the test is whether the instruction, considered as a whole, was fundamentally prejudicial to the rights of the defendant.”
- holding no exigent circumstances where the delivery of cocaine was controlled
- held that where customs agents planned a cocaine delivery and could have controlled the time at which it took place, the agents had no valid excuse for failing to obtain a search warrant
Written by the judges who cited it.
The opinion
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.