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UNITED STATES v. CILLEY

Nos. 84-5199 to 84-5202.

785 F.2d 651 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Kelly CILLEY, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Phillip Stanley KASHNIG, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David Faulkner DAWSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Dean FIGHTLIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1985.

As Amended March 26, 1986.

Attorney(s) appearing for the Case

Robert E. May, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Robert E. May, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Michael J. McCabe, San Diego, Cal., for defendant-appellant.

Before ANDERSON, BEEZER and BRUNETTI, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

This appeal presents the following issues:

(1) Whether the warrantless, suspicionless, daytime boarding of a vessel by the Coast Guard, for the purpose of assuring compliance with U.S. document and safety inspection laws violated the Fourth Amendment?

(2) Whether the subsequent below-deck inspection of the vessel, which led to the discovery of the marijuana evidence, violated the Fourth Amendment?

(3) Whether...

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