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UNITED STATES v. CASSITY

Nos. 81-1565, 81-1566 and 81-1567.

720 F.2d 451 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Wayne CASSITY (81-1565), Billy Sword (81-1566), Stephen Gordon Lenk (81-1567), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1983.

Attorney(s) appearing for the Case

Edward Wishnow, Southfield, Mich. (court-appointed), for Cassity.

Thomas Rosender, argued, Pontiac, Mich. (court-appointed), for Sword.

Edward Wishnow, Southfield, Mich. (court-appointed), for Lenk.

Leonard R. Gilman, U.S. Atty., Maura D. Corrigan, Asst. U.S. Atty. (argued), Detroit, Mich., for plaintiff-appellee in all cases.

Before MARTIN and JONES, Circuit Judges, and BROWN, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

This case, before us for the second time, raises important fourth amendment issues. When first confronted with this case, this court was asked to consider, inter alia, whether the monitoring of an electronic homing transmitter (beeper) could ever amount to a search and seizure in fourth amendment terms. Citing United States v. Bailey, 628 F.2d 938, 943 (6th Cir.1980), a decision reached...

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