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UNITED STATES v. MICHAEL

No. 79-2679.

645 F.2d 252 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Barry Dean MICHAEL, a/k/a Mike Thompson, a/k/a Mike Johnson, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 11, 1981.

Attorney(s) appearing for the Case

William S. Sutton, Asst. U. S. Atty., Atlanta, Ga., Ann T. Wallace, Appellate Sec., Criminal Div., Washington, D. C., for plaintiff-appellant.

Al Horn, Atlanta, Ga., for defendant-appellee.

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

AINSWORTH, Circuit Judge:

This criminal prosecution requires us to determine the appropriate standard for the warrantless installation of an electronic tracking device (a "beeper") on the exterior of a vehicle parked in a public place. The question remains one of first impression for this circuit because of our equally divided vote when considering the same issue in United States v. Holmes, 537 F.2d 227 (5th Cir. 1976) (

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