George Watson v. United States

Fifth Circuit

George Watson v. United States

391 F.2d 927

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 8, 1968

Docket25121_1

StatusPublished

Cited by9 cases

This text of 391 F.2d 927 (George Watson v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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George Watson v. United States, 391 F.2d 927 (5th Cir. 1968).

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Opinion

PER CURIAM:

Appellant Watson, a seaman, having been convicted by a jury of possession of marihuana aboard an American vessel engaged on a foreign voyage, in violation of 21 U.S.C. § 184a, brought this appeal alleging that the search and seizure of his effects by the Master of the vessel on which appellant was then employed, in the absence of a search warrant and over his objection, and the introduction into evidence of the fruits of the search, constituted a violation of his Fourth Amendment rights. The basis of appellant’s argument is that the Master, although a private citizen, was at the time of the search acting in the capacity of a law enforcement officer of the United States.

*928 We reject this concept, as we are fully convinced that appellant’s disorderly conduct and bizarre behavior fully justified a search of appellant’s effects for “dope” by the Master, a man of considerable maritime experience; that the protection of the crew, the vessel and its cargo warranted the Master’s actions.

We have held in Barnes v. United States, 1967, 373 F.2d 517, and we reaffirm our prior holding, that the Fourth Amendment does not require exclusion of incriminating evidence obtained through a search by a private citizen.

Affirmed.

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PER CURIAM:

Appellant Watson, a seaman, having been convicted by a jury of possession of marihuana aboard an American vessel engaged on a foreign voyage, in violation of 21 U.S.C. § 184a, brought this appeal alleging that the search and seizure of his effects by the Master of the vessel on which appellant was then employed, in the absence of a search warrant and over his objection, and the introduction into evidence of the fruits of the search, constituted a violation of his Fourth Amendment rights. The basis of appellant’s argument is that the Master, although a private citizen, was at the time of the search acting in the capacity of a law enforcement officer of the United States.

*928 We reject this concept, as we are fully convinced that appellant’s disorderly conduct and bizarre behavior fully justified a search of appellant’s effects for “dope” by the Master, a man of considerable maritime experience; that the protection of the crew, the vessel and its cargo warranted the Master’s actions.

We have held in Barnes v. United States, 1967, 373 F.2d 517, and we reaffirm our prior holding, that the Fourth Amendment does not require exclusion of incriminating evidence obtained through a search by a private citizen.

Affirmed.

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