Gilbert v. United States

165 F.3d 470 (1999)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
G
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Gilbert v. United States

United States Court of Appeals for the Sixth Circuit
165 F.3d 470 (1999)

CR

Facts

The governor of Kentucky created the Marijuana Strike Force with the goal of eliminating marijuana in Kentucky. In response to that directive, in 1990, members of an anti-drug task force were conducting surveillance of the Daniel Boone National Forest when they observed marijuana being grown as well as a nearby drying area for harvested marijuana. Based on these observations, a team of officers consisting of members of the Kentucky State Police, Kentucky Attorney General’s Office, and Kentucky National Guard conducted ground surveillance. Law enforcement observed Charles Gilbert and Jennings Gilbert (defendants) cultivating marijuana. Members of the Kentucky National Guard arrested Charles and Jennings, searched the vicinity, collected evidence, and took an inculpatory statement from Charles. These items were introduced as evidence at trial, at the end of which Charles and Jennings were found guilty. Charles and Jennings appealed, contending that the officers of the Kentucky National Guard violated the Posse Comitatus Act by participating in their surveillance and arrests.

Rule of Law

Issue

Holding and Reasoning (Carr, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Counterterrorism

Key Terms