# United States v. Gerald Duane Vandemark

> Court of Appeals for the Ninth Circuit · July 10, 1975 · 522 F.2d 1019

URL: https://www.frixlaw.com/law-library/cases/9462119

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Gerald Duane VANDEMARK, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** July 10, 1975
- **Citations:** 522 F.2d 1019; 1975 U.S. App. LEXIS 13769
- **Precedential status:** Published
- **Opinion:** Concurrence by Koelsch
- **Judges:** Koelsch, Wallace, Jameson
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Limited — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9462119

## How later opinions describe it (automated extraction)

- declining to extend the exclusionary rule to sentencing after revocation of probation

## Opinion text

KOELSCH, Circuit Judge
(concurring):
I concur, albeit reluctantly. Absent this court’s recent decision in Winsett, I would opt for a flat rule outlawing such use of illegally secured evidence. The wisdom of my choice is demonstrated, I suggest, by the considerable emphasis that the main opinion is compelled to place upon the fact that here the unlawful invasion was considerably less intrusive than the “blatantly” illegal search revealed in Verdugo.
Courts ought to be afforded clear guideposts whenever reasonably possible and should not be required to nicely calculate the degree of the misconduct and perhaps the motivation of the government’s lawless officers.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9462119. Public record. Not legal advice.