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UNITED STATES v. WEHRLI

No. 80-5149.

637 F.2d 408 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Michael WEHRLI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied April 1, 1981.

Attorney(s) appearing for the Case

Robert W. Knight, Federal Public Defender, H. Jay Stevens, Asst. Federal Public Defender, Orlando, Fla., for defendant-appellant.

Gary L. Betz, U. S. Atty., Tampa, Fla., Kendall W. Wherry, Asst. U. S. Atty., Orlando, Fla., for plaintiff-appellee.

Before TUTTLE, GODBOLD and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 1, 1981.

JAMES C. HILL, Circuit Judge:

This case presents a single issue: what fourth amendment requirements, if any, circumscribe the search of a passenger's carry-on luggage when he presents himself at a boarding gate to enter an aircraft? Appellant Wehrli was convicted of possession of cocaine with intent to distribute. 21 U.S.C. § 841(a)(1). The critical evidence was produced from the search of his carryon...

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