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UNITED STATES v. BUTTS

No. 82-1260.

710 F.2d 1139 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Harold Dean BUTTS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing October 25, 1983.

Attorney(s) appearing for the Case

Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellant.

Gerald H. Goldstein, Robert B. Hirschhorn, San Antonio, Tex., for defendant-appellee.

Before CLARK, Chief Judge, GOLDBERG and POLITZ, Circuit Judges.

Opinion on Granting of Rehearing En Banc October 25, 1983.

GOLDBERG, Circuit Judge:

Use of the electronic tracking device, or "beeper," raises novel and difficult fourth amendment problems. This case presents such an issue. The government appeals from the district court's grant of a motion to suppress all evidence obtained from a beeper installed and maintained in the interior of a plane beyond the time limit set in a court order. We affirm.

I. FACTS...

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