United States v. Edward J. Raub

CHOY, Circuit Judge:

Edward J. Raub was convicted of violating federal fishing regulations that limited salmon fishing in Puget Sound. At his trial before a U. S. magistrate, Raub moved to suppress evidence seized from his boat on the ground that the warrantless stop and boarding of his boat by federal agents violated the fourth amendment. The magistrate found that no fourth amendment “search” had occurred and denied the motion to suppress. The district court affirmed Raub’s conviction, holding that the magistrate did not clearly err in finding that a search had not occurred. We hold that this…