United States v. Marc Paul Fannon, United States of America v. Paul Howard Gumerlock

dissenting:

The original opinion in these airport search cases is reported at 556 F.2d 961 (9th Cir. 1977). The government filed a petition for rehearing and alternatively suggested a rehearing en banc. On the petition for rehearing by the panel, I became convinced I was wrong in originally concurring, so I wrote the following:

Circuit Judges Koelsch and Hufstedler, of the original panel, voted to deny the peti tion for rehearing before the panel. Thereupon, a majority of the court voted to take the cases en banc. As to that, believing that en banc was not desirable, I placed the following second dissent in the files:

“CHAMBERS, Circuit Judge, dissenting from Order taking case en banc:

Judge Koelsch of the majority on the panel, and I, the minority, have elected not to sit on the cases en banc, but I do want my view of record.