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672 F.2d 425

Docket No. 78-5664.

United States v. Marshall

Fifth Circuit Court of Appeals

Decided April 5, 1982.

Rehearing and Rehearing En Banc Denied June 3, 1982.

Fifth Circuit Court of Appeals · decided 1982-04-05

Cited by 4 later decisions — most recently November 1982

3 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“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”

quoted by 1 later decision, including United States v. Kent

Relies on Robbins v. California · United States v. Marshall

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1982-04-05

View the full empirical analysis of this case →

¶1Peter F. K. Baraban, Joseph Mincberg, Miami, Fla., A. Raymond Randolph, Jr., Washington, D. C., for dgfendants-appellants.

¶2Kevin M. Moore, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

¶3Before COLEMAN, TJOFLAT and HILL, Circuit Judges.

¶5PER CURIAM:

¶6In 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.

¶7The 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.

¶8The 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.

¶9We 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*426fornia, 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.

¶10With 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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