View Single Post
Old 04-26-2004, 11:32 AM   #14
Mavdog
Diamond Member
 
Mavdog's Avatar
 
Join Date: Jan 2002
Location: Texas
Posts: 6,014
Mavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud ofMavdog has much to be proud of
Default RE: Court Opens Door To Searches Without Warrants

The opinion actually states that the Government erred in their points in arguing the appeal:

"It might be arguable that the officers made a "good faith mistake"of fact in believing that Cabral, acting with either actual or apparent authority, had given them valid consent to search Gould's bedroom. However, the Government does not assert this argument on appeal and this court will not consider nonjurisdictional issues not raised on appeal"

Seems that if the Government arguments had been framed differently the court would have overturned the prior judgement, no? Then the evidence found would have been admisable, yes?
Mavdog is offline   Reply With Quote