UNITED STATES v. HUMPHREY

Nos. 83-3023, 83-3025 and 83-3026.

759 F.2d 743 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. John C. HUMPHREY, W.C. Garbez, and Robert D. Smith, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1985.


Attorney(s) appearing for the Case

Michael Spaan, Anchorage, Alaska, for plaintiff-appellee.

Walter Share, Anchorage, Alaska, for defendants-appellants.

Before CANBY, BOOCHEVER, and NORRIS, Circuit Judges.


NORRIS, Circuit Judge:

This appeal presents the question whether Coast Guard officers violated the Fourth Amendment when they made a warrantless, suspicionless and discretionary day-time boarding of a sailboat on the high seas, entered the below-deck cabin after learning that weapons were stowed there, and then conducted a safety inspection in the cabin.

I

On June 20, 1982, defendants Humphrey, Garbez and Smith were sailing in the north Pacific Ocean...

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