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UNITED STATES v. KINCAID

Nos. 82-1925, 83-1008 and 83-1025.

712 F.2d 1 (1983)

UNITED STATES of America, Appellee, v. Alfred D. KINCAID, Defendant, Appellant. UNITED STATES of America, Appellee, v. Albert J. GREENE, Defendant, Appellant. UNITED STATES of America, Appellee, v. Kelley TWOMEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 21, 1983.

Attorney(s) appearing for the Case

John Kenneth Zwerling, Alexandria, Va., with whom Michael S. Lieberman, and Zwerling & Associates, Alexandria, Va., were on brief, for Alfred D. Kincaid.

Marvin D. Miller, Alexandria, Va., for Albert J. Greene.

Ronald Chisholm, Boston, Mass., on brief, for Kelly Twomey.

William F. Weld, U.S. Atty., Boston, Mass., with whom John C. Doherty, Asst. U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN and BREYER, Circuit Judges, and RE, Chief Judge.

BREYER, Circuit Judge.

Appellants were convicted of conspiracy to import marijuana. Their conviction rests, in large part, upon evidence seized by the Coast Guard from the British-registered ship Persistence while that ship was sailing on the high seas. Before their trial, the appellants (who are all American citizens) moved to suppress that evidence. In their view, the search violated Article 6 of the Convention on the High Seas, opened for signature

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