United States v. Darrell Kenneth Bass, Wilbur Edward Hand and Hugh Field , 551 F.2d 962 ( 1977 )

BROWN, Chief Judge,

concurring.

I concur fully in the result and in.the opinion. I would add another basis. With no showing and none reasonably inferable from this record, that the defendants and their henchmen had any right to occupancy of a closed commercial fish house, they could not assert any expectancy of privacy. They are not in a position to contend that the Government agents were trespassers— trespassers perhaps as to the fish house concern, but certainly not trespassers as to them. Without probable cause at the moment of attack, the Government agents had as much right to be on the premises as the defendants. Once on the premises there was in the plainest of view, 80 boxes of marijuana and more in the vessel then being unloaded. There was no need to suspect that a crime was being committed. They could see that it actually was.