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UNITED STATES v. CHEMALY

No. 83-5065.

741 F.2d 1346 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Robert CHEMALY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Granted December 18, 1984.

Attorney(s) appearing for the Case

Rosen & Rosen, P.A., Lawrence N. Rosen, Miami, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Patricia D. Kenny, Linda Collins Hertz, Gregory W. Kehoe, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, TJOFLAT and HENDERSON, Circuit Judges.

GODBOLD, Chief Judge:

This case involves the warrantless search at the border of a person departing the United States. The search discovered over $5,000 in currency, and the defendant was charged with currency reporting violations and with making false statements to customs officials. The currency reporting statute, former 31 U.S.C. §§ 1101, 1105, requires that probable cause and a warrant exist before searches for violations can occur. We must decide whether...

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