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UNITED STATES v. VICKNAIR

No. 78-3561.

610 F.2d 372 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Felix Joseph VICKNAIR, Robert Girard Vicknair, James Edward Picker, Thomas D. Morgen, Fred Mell, Edward Kline, Russell Joe Kersting, Joseph Kersting, George Christ Karanicas and Frank S. Buckbee, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 25, 1980.

Attorney(s) appearing for the Case

Barbara D. Schwartz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellant.

Joel Hirschhorn, Miami, Fla., for F. J. Vicknair and R. G. Vicknair.

Daniel S. Pearson, Miami, Fla., for defendants-appellees.

Before GODBOLD, GEE and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Police officers illegally went on private property in an exclusive suburban Miami neighborhood because they suspected it was being used for smuggling. Two weeks later, in an early morning raid on the same home, they seized nearly 30,000 pounds of marijuana and arrested the persons found on the property. Subsequently, the persons arrested were charged on a three count indictment with conspiracy to import and possess marijuana with intent...

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