UNITED STATES v. HIDALGO-GATO

No. 81-5993.

703 F.2d 1267 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Raul Antonio HIDALGO-GATO, Rodriguez-Torres, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 25, 1983.


Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Neil G. Taylor, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellant.

Juan Ramirez, Jr., Coral Gables, Fla. (Court Appointed), for Hidalgo-Gato.

Marcelo Agudo, Miami, Fla., Gerardo A. Remy, Jr., Miami, Fla., for Rodriguez-Torres.

Before HILL and HATCHETT, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.


HATCHETT, Circuit Judge:

The issue presented in this case is whether searches of vessels lawfully detained in customs waters, pursuant to 19 U.S.C.A. § 1581(a), are circumscribed by the probable cause requirement of the fourth amendment to the United States Constitution.1 Because we hold that the contiguous zone is the functional equivalent of the border and such searches are evaluated by border search standards, we reverse and remand...

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