Is this a federal or state search?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wilcox, 640 F.2d 970 (9th Cir. 1981):

3 The parties have briefed the question whether this was a "federal" or "state" search. The government argues that the participation of federal officers in the search at issue here was so minimal that Rule 41 is inapplicable, citing decisions such as United States v. Millar, 543 F.2d 1280 (10th Cir. 1976). Because we ultimately conclude that the Rule 41 issue cannot be raised here in any event, we find it unnecessary to reach the quasi-"silver platter" issue.

Other Questions


When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
What is the state of the law on qualified immunity for the use of search warrant for search warrants in search of a person with mental health issues? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.