United States v. John C. Humphrey, W.C. Garbez, and Robert D. Smith

NORRIS, Circuit Judge:

This appeal presents the question whether Coast Guard officers violated the Fourth Amendment when they made a warrant-less, suspicionless and discretionary daytime boarding of a sailboat on the high seas, entered the below-deck cabin after learning that weapons were stowed there, and then conducted a safety inspection in the cabin.

I

On June 20, 1982, defendants Humphrey, Garbez and Smith were sailing in the north Pacific Ocean aboard the Orea, a thirty-nine foot sailboat. 1 After the Coast Guard cutter Boutwell made visual contact with the Orea, the Boutwell received a…