MIENKE v. UNITED STATES

No. 71-1240.

452 F.2d 1076 (1971)

Gus F. MIENKE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 4, 1972.

Rehearing Denied February 7, 1972.


Attorney(s) appearing for the Case

J. David Franklin, San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., R. Michael Bruney, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL, KOELSCH and BROWNING, Circuit Judges.


Rehearing En Banc Denied February 4, 1972.

PER CURIAM:

The principal question tendered in this appeal is this: Does that portion of 8 U.S.C. § 1357(a) (3) which purports to empower a United States Immigration Officer, without a warrant, and "within a reasonable distance from any external boundary of the United States, to board and search for aliens any * * * conveyance or vehicle * * *" run afoul of the search and seizure clause of the Fourth Amendment...

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