United States v. One (1) 43 Foot Sailing Vessel "Winds Will," License O.N. 531317/US

Fifth Circuit

United States v. One (1) 43 Foot Sailing Vessel "Winds Will," License O.N. 531317/US

538 F.2d 694

Court of Appeals for the Fifth Circuit·Decided September 13, 1976·No. No. 76-1166·Published·Cited by 25 cases

Opinion

PER CURIAM:

While engaged in a surface law enforcement patrol in the Yucatan Channel fifteen or so miles west of Cuba on the night of September 8, 1975, members of the crew of United States Coast Guard Cutter DAUNTLESS boarded a 43 foot sailing vessel, WINDS WILL, running without lights, for a safety inspection. 14 U.S.C.A. § 2 and § 89. Smell and plain view observation led to the discovery of 2,030 pounds of marijuana on board. The United States sought and obtained summary judgment of forfeiture of the vessel. We affirm on the basis of the Memorandum Opinion of District Judge Atkins. In so doing, we specifically hold that 14 U.S.C.A. § 89(a) is constitutional. See United States v. Rodgers, 150 U.S. 249, 264, 14 S.Ct. 109, 37 L.Ed. 1071 (1893); Maul v. United States, 274 U.S. 501, 511, 47 S.Ct. 735, 71 L.Ed. 1171 (1927). Cf. United States v. Odom, 526 F.2d 339 (5th Cir. 1976), and United States v. Hillstrom, 533 F.2d 209 (5th Cir. 1976).

AFFIRMED.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

While engaged in a surface law enforcement patrol in the Yucatan Channel fifteen or so miles west of Cuba on the night of September 8, 1975, members of the crew of United States Coast Guard Cutter DAUNTLESS boarded a 43 foot sailing vessel, WINDS WILL, running without lights, for a safety inspection. 14 U.S.C.A. § 2 and § 89. Smell and plain view observation led to the discovery of 2,030 pounds of marijuana on board. The United States sought and obtained summary judgment of forfeiture of the vessel. We affirm on the basis of the Memorandum Opinion of District Judge Atkins. In so doing, we specifically hold that 14 U.S.C.A. § 89(a) is constitutional. See United States v. Rodgers, 150 U.S. 249, 264, 14 S.Ct. 109, 37 L.Ed. 1071 (1893); Maul v. United States, 274 U.S. 501, 511, 47 S.Ct. 735, 71 L.Ed. 1171 (1927). Cf. United States v. Odom, 526 F.2d 339 (5th Cir. 1976), and United States v. Hillstrom, 533 F.2d 209 (5th Cir. 1976).

AFFIRMED.

United States v. One (1) 43 Foot Sailing Vessel "Winds Will," License O.N. 531317/US, 538 F.2d 694 (5th Cir. 1976).

Pincite

538 F.2d 694 (United States v. One (1) 43 Foot Sailing Vessel "Winds Will," License O.N. 531317/US) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related