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UNITED STATES v. GOLLWITZER

No. 81-5713.

697 F.2d 1357 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard Patrick GOLLWITZER and Robert Charles Gollwitzer, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 14, 1983.

Attorney(s) appearing for the Case

Hy Shapiro, Miami, Fla., for R. Gollwitzer.

Michael Bloom, Coconut Grove, Fla., for B. Gollwitzer.

Bruce Zimet, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and HUNTER, District Judge.

JOHNSON, Circuit Judge:

In October 1980, Customs Patrol Officers Hill, McGinty and Jones were patrolling the Intracoastal Waterway near the Lauderdale Marina aboard an unmarked Formula boat when they spotted the LANAYA, a 42-foot Post Sport Fisherman capable of ocean travel. The LANAYA was heading north on the Intracoastal Waterway, approximately one half mile from the entrance to Port Everglades, coming from the ocean and the adjacent port area of Fort Lauderdale...

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