U.S. v. ALBERS

No. 96-10561.

136 F.3d 670 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Mark ALBERS; Jim T. Freegard; David Moran; Erin Moran; David Pierce; Carmel Presse; Lyle Presse J.; Jeff Schabs; Mark Sheehan; Kirk Smith; David M. Strobel; Steve Van Horn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 17, 1998.

As Amended on Denial of Rehearing March 20, 1998.


Attorney(s) appearing for the Case

Scott Bales, Assistant United States Attorney, Phoenix, AZ, for plaintiff-appellant.

Fred M. Morelli, Jr., Aurora, IL, for defendants-appellees.

Before KOZINSKI, MAYER and FERNANDEZ, Circuit Judges.


KOZINSKI, Circuit Judge:

National Park Service rangers discovered Mark Albers and his friends (collectively, "Albers") in a rented houseboat floating on Lake Powell, Arizona. Suspecting Albers was BASE jumping1 in a national recreation area, a federal crime, the rangers searched the houseboat. During the search they seized videotapes and undeveloped film as well as parachutes, helmets and other equipment. Albers was arrested and charged...

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