Case Citator › United States v. Kelly Donald Gould

United States v. Kelly Donald Gould

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Fifth Circuit
Citation
364 F.3d 578
Decided
Confirmed treatments
2
Flagged citations read
32 of 32
Citing cases (total)
32
Treatment dates
2006–2011
Abrogated
A reviewed court treats this case as abrogated by later authority. United States v. Gould has been abrogated in part: all 32 flagged citations have been read, and the 2 confirmed treatments are listed below. Kentucky v. King rejected Gould's bad-faith approach to police-created exigency.
More on how this was screened

Gould's separate holding that an arrest is not always required for a protective sweep remains in use, although United States v. Torres-Castro declined to adopt that rule in the Tenth Circuit because its own precedent required an arrest. The record covers the 32 citing opinions identified so far.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

32 later cases cite United States v. Kelly Donald Gould; 32 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States v. Kelly Donald Gould?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court rejected Gould's inquiry into whether officers deliberately created an exigency in bad faith, replacing it with an objective Fourth Amendment test.

    Kentucky v. King · Supreme Court of the United States · filed

    Bad faith. Some courts, including the Kentucky Supreme Court, ask whether law enforcement officers “ ‘deliberately created the exigent circumstances with the bad faith intent to avoid the warrant requirement.’ ” 302 S. W. 3d, at 656 (quoting Gould, 364 F. 3d, at 590); see also, e. g., Chambers, 395 F. 3d, at 566; United States v. Socey, 846 F. 2d 1439, 1448 (CADC 1988); United States v. Rengifo, 858 F. 2d 800, 804 (CA1 1988). This approach is fundamentally inconsistent with our Fourth Amendment jurisprudence.
    Read the full opinion on CourtListener →

Declined to follow

  • Bound by its own circuit's arrest requirement, the Tenth Circuit declined to adopt Gould's rule allowing protective sweeps without an arrest.

    United States v. Torres-Castro · Tenth Circuit · filed

    United States v. Gould, 364 F.3d 578, 584 (5th Cir.2004) (en banc) (“[W]e hold that arrest is not always, or per se, an indispensable element of an in-home protective sweep ----”), ... Instead, we must conclude that a protective sweep is only valid when performed incident to an arrest — at least until an en banc panel of this court determines otherwise.
    Read the full opinion on CourtListener →

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