UNITED STATES v. BUTTS

No. 82-1260.

729 F.2d 1514 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Harold Dean BUTTS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 1984.


Attorney(s) appearing for the Case

Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellant.

Gerald Goldstein, Robert B. Hirschhorn, Ralph A. Lopez, San Antonio, Tex., for defendant-appellee.

Before CLARK, Chief Judge, BROWN, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM and DAVIS, Circuit Judges.


CLARK, Chief Judge:

Was the monitoring by customs officials of a signal that disclosed the presence of an aircraft in public airspace an unconstitutional search or seizure under the Fourth Amendment because the terms of the warrant authorizing the signaling device required it to be removed before its signal was recorded? We hold it was not. The warrant violation did not change the detection of the defendant's public activity into a Fourth Amendment violation. The...

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