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UNITED STATES v. ARENDS

No. 85-5034 Non-Argument Calendar.

776 F.2d 262 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Alberto M. ARENDS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 13, 1985.

Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Paul DiPaola, Nancy L. Worthington, Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Frederick Robbins, Geoffrey C. Fleck, Peter Raben, Miami, Fla., for defendant-appellee.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.

GODBOLD, Chief Judge:

Arends was indicted on one count of transporting over $5,000 out of the United States without filing a currency and monetary instrument report, in violation of 31 U.S.C. § 5316(a)(1)(A) and § 5322(b). See also 31 C.F.R. § 103.23 and 103.49(b). The district court granted his motion to suppress the currency because it was seized without a warrant in violation of 31 U.S.C. § 5317(a) (1983).

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