[DOWNLOAD] "United States v. Marchand" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Marchand
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 01, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On Petition of Appellant for Rehearing Appellant Marchand has filed a petition for rehearing, accompanied by a suggestion for rehearing en banc. This is limited to the portion of this court's opinion (Part IV, p. 991) affirming the district court's refusal to suppress the note seized on Marchand's arrest in Florida. We deny the petition. The basis for our upholding the denial of the suppression motion was that the officers in Florida had probable cause to arrest Marchand which derived from a clearly untainted source, primarily the photograph of Marchand previously sent them from Vermont, quite apart from the additional cause furnished by the unlawful extraction of a driver's license from Marchand's wallet.1 Not seriously disputing that untainted probable cause existed, Marchand argues that the Government had the burden of showing that the arrest would have been made if the illegally obtained evidence had not existed and that it did not meet this.