No. 91-1051.

936 F.2d 136 (1991)

UNITED STATES of America, Appellant, v. Vincent EZEIRUAKU.

United States Court of Appeals, Third Circuit.

Decided June 20, 1991.

Rehearing and Rehearing Denied July 22, 1991.

Attorney(s) appearing for the Case

Christopher Doherty, Anne L. Sullivan, Regional Counsel of Customs, Boston, Mass. (Arthur John Kyriazis (argued), Steven Roy Goodman, Lansdowne, Pa., of counsel), for appellant.

Kyriazis and Associates, Philadelphia, Pa. (Michael M. Baylson, Walter S. Batty, Jr., Karl K. Lunkenheimer, John C. Dodds (argued), Office of the U.S. Atty., Philadelphia, Pa., of counsel) for appellee.

Before STAPLETON, SCIRICA and ALDISERT, Circuit Judges.

Rehearing and Rehearing In Banc Denied July 22, 1991.


ALDISERT, Circuit Judge.

The question for decision in this appeal by the United States is whether the fourth amendment "border search" exception to the requirement of probable cause, reasonable suspicion or a warrant applies to outgoing as well as to incoming border searches of luggage. The district court determined that there was no justification for applying the border search...

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