Pedro Moreno and Rolando Cue-Baiza brought their boat from Nassau to Miami. They re-entered the Miami port without going through customs. They docked the boat and began unloading it. Miami customs officials had observed the boat re-enter (by
helicopter). When Moreno and Cue-Baiza began unloading the boat, customs officials sent in a team of officers to search the boat (no warrant). The officers discovered numerous bales of marijuana during the search and Moreno and Cue-Baiza were charged with drug possession and trafficking. They are now challenging the validity of the warrantless search. Discuss its validity.
The search met the emergency exception. Failing to go through customs was already a crime. Agents saw unloading and acted because "fruits of the crime" were being eliminated. U.S. v. Moreno, 778 F.2d 719 (11th Cir.1985).
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