In what circumstances have courts sustained mail cover against first, fourth and ninth amendment challenges?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gering, 716 F.2d 615 (9th Cir. 1983):
In United States v. Choate, 576 F.2d 165 (9th Cir.), cert. denied, 439 U.S. 953, 99 S.Ct. 350, 58 L.Ed.2d 344 (1978) (Choate II ), aff'd, 619 F.2d 21 (9th Cir.), cert. denied, 449 U.S. 951, 101 S.Ct. 354, 66 L.Ed.2d 214 (1980), we sustained a mail cover against first, fourth and ninth amendment challenges. While Choate II did not directly implicate the free exercise clause, the rationale is instructive. In finding no first amendment rights were violated, we stated:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When assessing a First Amendment challenge to an ordinance that prohibits same-sex marriage, does the court also have to consider the meaning of the First Amendment? (MultiRegion, United States of America)
What are the implications of the First Amendment for First Amendment rights of an inmate who is seeking to file a grievance in a federal court? (MultiRegion, United States of America)
In what circumstances will the majority of the Court uphold a presumption that the Immigration Office (IRO) has complied with the Fourth Amendment Guidelines? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in state courts? (MultiRegion, United States of America)
What is the test for reviewing a Fourth Amendment claim in circumstances where the petitioner has neither pleaded nor proved the denial of a full and fair opportunity to litigate that claim in the state courts? (MultiRegion, United States of America)
In what circumstances have courts sustained the constitutionality of a statute which allows a defendant to request to be tried by the court instead of by the jury? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
Is there any Fourth Amendment value served if 6 Townes, who was convicted of possession of illegal firearms and narcotics, reaps the financial benefit he seeks from the suppression of evidence obtained in violation of the Fourth Amendment? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
In what circumstances will a court grant a motion to dismiss a first amended complaint? (MultiRegion, United States of America)
