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UNITED STATES v. WHITING

No. 85-1088.

781 F.2d 692 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. George WHITING, and Theodore Whiting, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1986.

Attorney(s) appearing for the Case

George L. O'Connell, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

Malcolm Segal, Sacramento, Cal., for defendants-appellees.

Before: ANDERSON, and PREGERSON, Circuit Judges, and TASHIMA, District Judge.

PREGERSON, Circuit Judge.

The district court granted defendants' motion to suppress evidence seized by the Department of Commerce in a search of packages deposited in the mail by defendants' company for overseas shipment. On appeal the government contends that the court erred in holding that: (1) the search was not a valid "border search;" and, (2) the search was not within the "good faith" exception to the fourth amendment's exclusionary rule under United States...

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