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UNITED STATES v. ACOSTA

No. 79-448-Cr-EPS.

489 F.Supp. 61 (1980)

UNITED STATES of America, Plaintiff, v. Jose Manuel ACOSTA and Roberto Rodriguez, Defendants.

United States District Court, S. D. Florida, Miami Division.

March 26, 1980.

Attorney(s) appearing for the Case

Steven E. M. Hartz, Asst. U. S. Atty., Miami, Fla., for plaintiff.

Michael J. Rosen, Miami, Fla., for Rodriguez.

Robert L. Moore, Miami, Fla., for Acosta.

MEMORANDUM OPINION AND ORDER

SPELLMAN, District Judge.

Defendants Acosta and Rodriguez have moved to suppress the evidence seized aboard the vessel "Nivaldo Games" by customs agents. The stop of the vessel and the subsequent seizure of marijuana raises two issues not resolved by the case law of this Circuit. First, how remote can the information relating to a ship crossing into international waters be and still support a finding of "articuable facts" justifying...

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