United States Court of Appeals,
Eleventh Circuit.
No. 94-2471.
UNITED STATES of America, Plaintiff-Appellant,
v.
Kenneth ADAMS, a/k/a Christopher Hale, a/k/a Kenneth Gutheil,
a/k/a Marvin Neighborgall; Judith Adams, a/k/a Jennifer Moore,
a/k/a Theresa Cornell, a/k/a Judith Gutheil, Defendants-Appellees.
March 2, 1995.
Appeal from the United States District Court for the Middle
District of Florida. (No. 93-225-CR-T-15C), Henry Lee Adams, Jr.,
Judge.
Before BLACK and BARKETT, Circuit Judges, and RONEY, Senior Circuit
Judge.
PER CURIAM:
The Government challenges on this appeal the suppression of
certain evidence seized in the search of a motor home at the time
of the arrest of defendants Kenneth Adams and his wife Judith. We
affirm.
The search and subsequent seizure occurred at a time when
state and federal law enforcement officers assembled to arrest
defendants on numerous state and federal charges arising in part
from the alleged fraudulent registration of two motor vehicles and
the falsification of various identification documents. In a
multi-count superseding indictment, the defendant and his wife were
charged with, among other things, obtaining a driver's license by
using a false Social Security number in violation of 42 U.S.C. §
408(a)(7)(B).
We affirm the suppression of evidence in this case without
reaching any broad issues that would help define the dichotomy
concerning the search of motor homes. The law regarding whether to
apply to motor homes the established search and seizure principles
applicable to motor vehicles, or those applicable to fixed places
of residence has not been developed. This is not an appropriate
case for setting any precedent in this regard.
Reviewing the entire unusual circumstances and the peculiar
factual situation in this case, we cannot hold that the district
court erred in suppressing the evidence in this case. But for the
implication that this decision might inadvertently be interpreted
to carry some weight as this area of the law develops, we would
have affirmed the judgment below under our Rule 36.1, Rules of the
United States Court of Appeals for the Eleventh Circuit.
AFFIRMED.