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UNITED STATES v. CADENA

No. 77-5395.

588 F.2d 100 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Nino Rinsi CADENA, Pedro A. Ballesteros Esquebel, Gilberto Yepes Borjas, Cesar Dela Rosa, Narciso Barba Cadena, Daniel Garcia Gomez, Efrain Carreazo Cardales, Pedro Ruiz Arrieta, Jorge Lopez Wagner, Nicanor Rivera Diaz, Alajandro Valle Mantaress, Andres Gomez Ortega, and Francisco M. Ceba Bruno, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 16, 1979.

Attorney(s) appearing for the Case

Philip Carlton, Jr., Miami, Fla., Thomas A. Wills, for defendants-appellants.

Jack V. Eskenazi, U. S. Atty., Michael P. Sullivan, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., Appellate Sect., Criminal Div., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before SKELTON, Senior Judge, FAY and RUBIN, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

On petition for rehearing petitioners have given us the opportunity to amplify and explain our holding regarding the warrantless search of the Labrador when probable cause existed several days prior to the search and there was obviously, in this interval, ample time to obtain a warrant.1

Although in this case the attempted flight of the vessel created exigent circumstances, which...

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