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283 F.2d 771

Docket No. 18356.

Johnson v. United States

Fifth Circuit Court of Appeals

Decided Nov. 29, 1960.

Fifth Circuit Court of Appeals · decided 1960-11-29

Cited by 5 later decisions — most recently October 1962

5 federal appellate ·

2 counsel of record

Relies on Husty v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1960-11-29

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¶1Damon G. Yerkes, Jacksonville, Fla., for appellant.

¶2John L. Briggs, Asst. U. S. Atty., Jacksonville, Fla., E. Coleman Madsen, U. S. Atty., Southern Dist. of Florida, Miami, Fla., for appellee.

¶3Before RIVES, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

¶4PER CURIAM.

¶5This appeal from conviction on a charge of illegal possession and transportation of nontaxpaid whiskey attacks only the ruling of the trial court in refusing to suppress the evidence. We have no hesitation in saying that the information received by the officers as to the identity of the automobile and the strong suspicion that it contained bootleg liquor communicated to them by others who had seen and appraised the evidence was sufficient to warrant the arrest and search of appellant’s car. Here there is no doubt that the facts that had come to the attention of the officers were “sufficient, in the circumstances, to lead a reasonably discreet and prudent man to believe that liquor [was] illegally possessed in the automobile to be searched.” Husty v. United States, 282 U.S. 694, 51 S.Ct. 240, 242, 75 L.Ed. 629.

¶6The judgment is affirmed.

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