Public-domain · open source
OpenJurist

404 F.2d 874

Docket No. 25540.

Brown v. United States

Fifth Circuit Court of Appeals

Decided Dec. 12, 1968.

Rehearing Denied May 13, 1969.

Fifth Circuit Court of Appeals · decided 1968-12-12

Cited by 1 later decisions — most recently December 1968

1 federal appellate ·

2 counsel of record

Relies on Carroll v. United States · Brinegar v. United States · Commack v. Bush

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-12-12

View the full empirical analysis of this case →

¶1*875H. T. O’Neal, Jr., Macon, Ga., Robert S. Slocumb, of Adams, O’Neal, Steele, Thornton & Hemingway, Macon, Ga., for appellant.

¶2Manley F. Brown, Asst. U. S. Atty., Macon, Ga., Floyd M. Buford, U. S. Atty., Middle District of Georgia, D. L. Rampey, Jr., Asst. U. S. Atty., Macon, Ga., for appellee.

¶3Before BROWN, Chief Judge, AINS-WORTH, Circuit Judge, and FULTON, District Judge.

¶4PER CURIAM:

¶5The appellant stands convicted upon two counts for possession and transportation of non-taxpaid whiskey. He seeks reversal, claiming that the District Judge erred in denying his motion to suppress certain evidence which was obtained when officers searched his automobile. We affirm.

¶6 The issue is whether the officers had probable cause to believe that appellant’s automobile then contained contraband whiskey which was being illegally transported. No useful purpose will be served by including here a detailed narrative of the evidence. The probable cause test for validity of a warrantless search in a case of this nature is whether the officers had reasonable grounds to believe the vehicle searched contains contraband liquor which is being illegally transported. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); reh. denied 338 U.S. 839, 70 S.Ct. 31, 94 L.Ed. 513; Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925). It is sufficient to say that this test was fully satisfied. Carter v. United States, 314 F.2d 386 (5 Cir., 1963) and Clay v. United States, 239 F.2d 196 (5 Cir., 1956) which are relied upon by appellant are factually distinguishable from and inapposite to this case.

¶7For reasons stated, the judgment and sentence are affirmed.

/404/f2d/874 · .json · Public domain