Fields v. United States

Fifth Circuit Court of Appeals

Decided Jan. 31, 1966.

Rehearing Denied March 4, 1966.

Fifth Circuit Court of Appeals · decided 1966-01-31

2 counsel of record

Applies 18 U.S.C. § 3109 · 26 U.S.C. § 5205

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-01-31

How this case has been cited

Cited by 10 later decisions — most recently January 1994

7 federal appellate · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Robert B. Thompson, Gainesville, Ga., for appellant.

¶2Bobby C. Milam, Thomas K. McWhor-ter, Asst. U. S. Attys., Atlanta, Ga., Charles L. Goodson, U. S. Atty., for ap-pellee.

¶3Before GEWIN and BELL, Circuit Judges, and HUGHES, District Judge.

¶4PER CURIAM:

¶5Appellant was convicted for violations of 26 U.S.C.A. §§ 5205(a) (2), 5601(a) (1), 5601(a) (4), 5601(a) (8). The contention that the revenue agent violated 18 U.S.C.A. § 3109 by his entor into the building which housed the incriminating evidence is without merit. The building in question, which housed one of the largest illicit distilleries the officers had ever seen, was not within the curtilage. It was three hundred feet in length and was constructed for commercial use in the chicken industry.

¶6The denial of the motion to suppress the evidence seized in the building was therefore correct. Moreover, there was ample basis for the issuance of the search warrant.

¶7Affirmed.