UNITED STATES v. PINER

No. 78-2565.

608 F.2d 358 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. John Walter PINER and Salvatore Joseph Gallina, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 5, 1979.


Attorney(s) appearing for the Case

Floy E. Dawson, Asst. U. S. Atty., San Francisco, Cal., on brief; Sanford Svetcov, Asst. U. S. Atty., San Francisco, Cal., argued, for plaintiff-appellant.

Joel A. Shawn (argued), Kipperman, Shawn, Kecker & Brockett, San Francisco, Cal., on brief; Kim S. La Valley, San Francisco, Cal., argued, for defendants-appellees.

Before MERRILL and KENNEDY, Circuit Judges, and KING, District Judge.


MERRILL, Circuit Judge:

The question presented here is whether the boarding by the Coast Guard of a boat in San Francisco Bay for a routine document and safety inspection, without warrant and without probable cause to believe or founded suspicion that a violation of the law had occurred, was a reasonable search under the Fourth Amendment.

On the basis of marijuana seized on board their boat, appellees were indicted...

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