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UNITED STATES v. WATSON

No. 81-1306.

678 F.2d 765 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Jack Osborn WATSON, Jeffrey Craig Evenson, and Dale Stanley Browning, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1982.

Rehearing and Rehearing Denied August 19, 1982.

Attorney(s) appearing for the Case

Roger W. Haines, Jr., Asst. U. S. Atty., argued, M. James Lorenz, U. S. Atty., Roger W. Haines, Jr., Asst. U. S. Atty., on the brief, San Diego, Cal., for plaintiff-appellant.

Sheldon Sherman, San Diego, Cal., argued, for defendants-appellees; Michael Pancer, Gershon D. Greenblatt, Frank J. Ragen, San Diego, Cal., on brief.

Before CHOY, GOODWIN and FARRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 19, 1982.

FARRIS, Circuit Judge:

We consider whether a Coast Guard document and safety inspection of a 40-foot sailing vessel on the high seas after dark violated the Fourth Amendment. The stop and search was made without a founded suspicion that any maritime laws relating to safety or documentation were being violated. Citing our decision in United States v. Piner, 608 F.2d 358

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