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U.S. v. McIVER

Nos. 98-30145, 98-30146.

186 F.3d 1119 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher McIVER, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Brian Eberle, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 1999.

Attorney(s) appearing for the Case

Bruce Gobeo, Gobeo Law Offices, Missoula, Montana; Doreen Antenor, Bailey & Antenor Law Offices, Missoula, Montana, for the defendants-appellants.

Kris McLean, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

Before: Arthur L. Alarcon, Pamela Ann Rymer, and Andrew J. Kleinfeld, Circuit Judges.

ALARCON, Circuit Judge:

Christopher McIver ("McIver") and Brian Eberle ("Eberle") appeal from the judgment entered following their conviction by a jury for conspiracy to manufacture marijuana in violation of 21 U.S.C. § 841(a)(1).

We must decide for the first time whether the placing by law enforcement officers of a magnetized electronic tracking device on the undercarriage of a vehicle is an unreasonable search and seizure.

McIver and Eberle...

Let's get started

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