UNITED STATES v. FLYNN

No. 79-5406.

664 F.2d 1296 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Harry FLYNN and James Anthony McDonnell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied February 8, 1982.


Attorney(s) appearing for the Case

Alvin E. Entin, Steven Kollin, North Miami Beach, Fla., for defendants-appellants.

Nicholas P. Geeker, U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before KRAVITCH, HENDERSON and REAVLEY, Circuit Judges.


KRAVITCH, Circuit Judge:

This case raises issues concerning the validity of the government's search of an aircraft after tracking its entry into this country through the use of electronic surveillance. Specifically, appellants argue the government violated their fourth amendment rights by attaching the tracking device, known as a "beeper," to the inside of their aircraft1 and by conducting a warrantless search of the plane after tracking...

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