United States v. Larry Wayne Cassity (81-1565), Billy Sword (81-1566), Stephen Gordon Lenk (81-1567)

BOYCE F. MARTIN, Jr., Circuit Judge.

This case, before us for the second time, raises important fourth amendment issues. When first confronted with this case, this court was asked to consider, inter alia, whether the monitoring of an electronic homing transmitter (beeper) could ever amount to a search and seizure in fourth amendment terms. Citing United States v. Bailey, 628 F.2d 938, 943 (6th Cir.1980), a decision reached in the interim between trial and appeal of this case, we answered affirmatively. United States v. Cassity, et al. (Cassity I), 631 F.2d 461 (6th Cir.1980). Simultaneously we…