UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JEFFREY TODD MARSHALL AND LOUIS JAMES STERRENBERG, DEFENDANTS-APPELLANTS

5th Cir. | 1982-04-05
No. 78-5664
Before COLEMAN, TJOFLAT and HILL, Circuit Judges.
672 F.2d 425 Court of Appeals for the Fifth Circuit (1982) Positive Treatment
Cited by 2 cases

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Holding

The court held that the search was not prohibited by Robbins v. California or its progeny.


Facts & Procedural History

The case was remanded for further proceedings on a motion to suppress. The district court denied the motion after further proceedings. The discovery o…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

In United States v. Marshall, 609 F. 2d 152 (5th Cir. 1980), this case was remanded to the district court for further proceedings touching upon the motion to suppress.

The district judge gave prompt attention to the matter and, after the further proceedings contemplated in our remand, prepared and filed a detailed written order with necessary findings. The motion to suppress was denied; the verdicts and judgments were reinstated.

The case was resubmitted to this panel for final review, as directed. Thereafter, in September 1981 and in December 1981 counsel supplied this court with supplemental authorities and raised issues not theretofore presented.

We have examined the record, the district court’s order, on remand, denying motion to suppress, and the additional submission of counsel. We do not read Robbins v. Cali fornia, 453 U.S. 420, 101 S.Ct. 2841, 69 L.Ed.2d 744 (1981), or its progeny as prohibiting the search here under consideration. The obviousness of the nature of the contents of the packages discovered aboard the vessel in the environment wherein they were discovered equates the discovery of the packages with the discovery of their contents.

With that observation, the judgment of the district court is affirmed on the basis of Judge King’s Order filed October 10, 1980.


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