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U.S. v. VARLACK VENTURES, INC.

No. 97-7489.

149 F.3d 212 (1998)

UNITED STATES of America, Appellant, v. VARLACK VENTURES, INC; Hubert Fredericks.

United States Court of Appeals, Third Circuit.

Decided July 9, 1998.

Attorney(s) appearing for the Case

Howard P. Stewart (Argued), Senior Litigation Counsel, Stanley DeJongh, Environmental Crimes Section, Washington, D.C., for Appellant U.S.

Alan D. Smith (Argued), Hodge & Francois, Charlotte Amalie, St. Thomas, USVI, for Appellee Varlack Ventures, Inc.

Charles B. Herndon (Argued), Houston, TX, for Appellee Hubert Fredericks.

BEFORE: STAPLETON, COWEN and ALITO, Circuit Judges.

COWEN, Circuit Judge.

The government appeals the August 19, 1997, order of the District Court for the District of the Virgin Islands suppressing evidence seized during a warrantless search of the M/V Venture Pride. We conclude that the search of the Venture Pride at issue in this appeal was authorized by 14 U.S.C. § 89(a) (1994) since the Venture Pride was situated in U.S. territorial waters while undergoing repair. Section 89(a) permits warrantless searches...

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