Marks v. State
Marks v. State
Opinion of the Court
At 7:30 on a June morning two customs officers, together with three deputized Hollywood police officers, were cruising in the Atlantic Ocean one and one-half miles from shore in an unmarked police department vessel. They observed appellants aboard a Sport Fisherman vessel at anchor motioning the officers to approach the anchored boat. As the officers drew near, appellant Hill-stead asked where the nearest fuel could be found and Officer Caperton responded that it was probably at Pier 66 in Port Everglades. However, Caperton said he would call the Coast Guard. That suggestion appeared to make Hillstead very nervous and he requested that the Coast Guard not be called. However, he did ask if he could pay Caperton to take him to get some fuel in two “jerry cans.” Caperton, becoming suspicious, took a closer look and realized this boat was very low in the water and had a great deal of salt spray on it, among other things. Thereupon, Caperton identified himself as a customs agent and prepared to board appellants’ boat. Prior thereto, he asked Hillstead to open the closed cabin door. When the door was opened Caperton could see burlap bags in the cabin, but could not identify anything as contraband. When officers boarded the boat they smelled marijuana.
Upon motion to suppress, Caperton and another officer articulated the facts that caused them to board the vessel. While they relied primarily upon their border search authority
Based upon the foregoing, we affirm the denial of appellants’ motion to suppress and the judgments and sentences appealed from.
. We reject appellee’s contention that the facts of this case justified a border search.
Concurring Opinion
specially concurring:
I concur in an affirmance because I believe a border search was authorized under the circumstances described in the majority opinion. See United States v. Whitmere, 595 F.2d 1303 (5th Cir. 1979) and United States v. Freeman, 579 F.2d 942 (5th Cir. 1978).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.