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October 6th, 1999, 10:44 AM
#1
NPS vs BASE
From the Wednesday Oct. 6th National Park
Service Morning Report found at:
http://www.nps.gov/htdocs1/mrnrpt/msg00374.html
OPERATIONAL NOTES
Court Ruling - The Ninth Circuit has ruled that
the search of a rented houseboat floating on Lake
Powell based on probable cause that the houseboat
contained evidence of BASE jumping violations was
a valid search under the Carroll Doctrine for
vehicle searches. In effect, the Ninth Circuit
joined the Tenth Circuit in holding that a
houseboat found on open public waters is a
"vehicle" for the purposes of the Fourth Amendment
and may be searched like any other vehicle if
probable cause exists to believe the houseboat contains or is evidence of a crime.
United States v. Albers, 136 F.3d 670
(9th Cir. 1998). [Don Usher, FLETC]
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