United States v. James Leland Johnson

431 F.2d 441, 1970 U.S. App. LEXIS 7717

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 13, 1970
• Docket: 27025_1
• Status: Published

Opinions

PER CURIAM:

The Court en banc is of the opinion that the panel¹ correctly decided that inspections of motor vehicles performed by police officers, who were entitled to be on the property where the vehicles were located, which in no way damaged the vehicles and were limited to determining the correct identification numbers thereof were not searches within the meaning of the Fourth Amendment; and that alternatively, if either of such inspections constituted a Fourth Amendment search, then no search warrant was necessary because such inspections were reasonable and did not violate the right of the people to be secure in their persons, houses, papers or effects. To the extent that Glisson v. United States, 406 F.2d 423 (5th Cir. 1969) would find such a search or inspection constitutionally infirm, that decision is expressly overruled by this opinion.

THORNBERRY, Circuit Judge, joined by Chief Judge JOHN R. BROWN, and WISDOM, Circuit Judge, concurring specially:

We believe the inspection of serial numbers involved in this case were searches subject to the Fourth Amendment, but we concur in the result reached by the majority because we believe the searches were reasonable.

1 . 413 F.2d 1396.