UNITED STATES v. CORTES

No. 78-1734.

588 F.2d 106 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Alberto CORTES, Humberto Medrano Gil, Catalino Mercado Polo, Johon A. Martinez, Edelberto Escobar Campo, Armodio Q. Olivo, Oscar Beltran Romero, Simon Bargas Perez, Martin Julio Marimon, Alonso Medrano Molina, Florentino Riascos-Riascos, and Luis Barrios Leon, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 16, 1979.


Attorney(s) appearing for the Case

J. V. Eskenazi, U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

John Steven Berk, Fort Lauderdale, Fla., Nathaniel L. Barone, Jr., Miami, Fla., Robert A. Spiegel, Coral Gables, Fla., for defendants-appellees.

Before GEWIN, GEE and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Vessels on the high seas are protected from unlawful search and seizure by the power of the sovereign whose flag they fly. International law and treaties extend to ships the same integrity they enjoy in the land of their registry save where the actions of those aboard create such a hazard to another state that subjection to the law of that state is warranted. By its very nature, however, the stateless vessel claims no sovereign. In this...

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