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UNITED STATES v. JOHNSON

No. 27025.

431 F.2d 441 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. James Leland JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 1970.

Attorney(s) appearing for the Case

Jack W. Torbert, Gadsden, Ala., for appellant.

Wayman G. Sherrer, U. S. Atty., R. Macey Taylor, M. L. Alexander, Asst. U. S. Attys., Birmingham, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK and INGRAHAM, Circuit Judges.

PER CURIAM:

The Court en banc is of the opinion that the panel1 correctly decided that inspections of motor vehicles performed by police officers, who were entitled to be on the property where the vehicles were located, which in no way damaged the vehicles and were limited to determining the correct identification numbers thereof were not searches within the meaning of the Fourth Amendment; and that alternatively, if either of such inspections...

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