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UNITED STATES v. INGHAM

No. 72-2393 Summary Calendar.

502 F.2d 1287 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Evans INGHAM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 23, 1974.

Attorney(s) appearing for the Case

Philip Daigneault, Torrance, Cal. (Court-appointed), John C. Ciolino, New Orleans, La., for defendant-appellant.

Robert W. Rust, U. S. Atty., Barbara E. Vicevich, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 23, 1974.

JOHN R. BROWN, Chief Judge:

The only question in this appeal by one caught redhanded with two tons of marijuana aboard is whether to justify a warrantless non-probable cause search of a vessel newly arrived from a foreign port or place someone must actually have observed the vessel as her stem ploughed over the imaginary boundary between International waters and Customs waters of the United States....

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