UNITED STATES v. HOLLAND

No. 83-3668 Non-Argument Calendar.

740 F.2d 878 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Michael HOLLAND, Lawrence John Holland, Arnold Holland and Paul Murphy, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied November 16, 1984.


Attorney(s) appearing for the Case

William J. Sheppard, Elizabeth L. White, Jacksonville, Fla., for defendants-appellants.

Charles A. Caruso, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.

Before RONEY, TJOFLAT and ANDERSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 16, 1984.

PER CURIAM:

The major issue argued in this appeal is whether a motor home is protected by the warrant requirement of the Fourth Amendment, or whether it falls within the automobile exception to the warrant requirement. We hold that the issue cannot be decided in categorical terms and that in this case, the vehicle was not being used as a home in any sense of the word so that the automobile exception...

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