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UNITED STATES v. HELMS

No. 81-5297.

703 F.2d 759 (1983)

UNITED STATES of America, Appellee, v. James R. HELMS, Robert F. Ihle, Robert C. Mason, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1983.

Rehearing and Rehearing Denied June 2, 1983.

Attorney(s) appearing for the Case

G. Dan Bowling, Charleston, S.C. (Goodstein & Bowling, Charleston, S.C., on brief), for appellants.

Lionel Lofton, Asst. U.S. Atty., Charleston, S.C. (Henry Dargan McMaster, U.S. Atty., Wells Dickson, Asst. U.S. Atty., Columbia, S.C., Frances Lee Cain, Third Year Law Student on brief), for appellee.

Before RUSSELL and ERVIN, Circuit Judges, and EUGENE A. GORDON, Senior United States District Judge for Middle District of North Carolina, sitting by designation.

Rehearing and Rehearing En Banc Denied June 2, 1983.

DONALD RUSSELL, Circuit Judge:

The appellants — the captain and two crew members of a sailboat — were convicted of violating the Federal Drug laws as a result of a search of the vessel apprehended traveling inland from "outside" through the Five Fathom Creek Channel off the coast of McClellanville, South Carolina. The validity of such search is the sole issue on appeal. The District Court found...

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