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UNITED STATES v. WILLIAMS

No. 78-5413.

617 F.2d 1063 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Gunnar WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1980.

Attorney(s) appearing for the Case

Warren G. Jacobs, Miami, Fla., for defendant-appellant.

Patrick H. Sims, Mobile, Ala., for amicus curiae.

Wm. A. Kimbrough, Jr., U. S. Atty., Mobile, Ala., Mervyn Hamburg, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges.

TJOFLAT, Circuit Judge:

This is a marijuana smuggling case, involving a search on the high seas. We have taken the case en banc to harmonize the discordant precedent that has evolved in the Fifth Circuit and to set aside the original panel's improper application in this nautical context of fourth amendment standards that courts have developed to test searches and seizures that occur ashore. Our analysis of the law should diminish the uncertainty that has burdened...

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