Beed Fowler v. United States

Sixth Circuit

Beed Fowler v. United States

229 F.2d 215, 1955 U.S. App. LEXIS 3737

Court of Appeals for the Sixth Circuit·Decided December 15, 1955·No. 12450_1·Published·Cited by 7 cases

Opinion

PER CURIAM.

On this appeal from a judgment of conviction and sentence to imprisonment and a fine for violation of Internal Revenue Code sections relating to taxes on distilled spirits, the appellant contends that the trial judge should have sustained appellant’s motion to suppress the evidence for the reason that the government agents lacked sufficient information or personal knowledge to constitute probable cause for the alleged arrest of appellant and for the search of his automobile without a search warrant.

The subject matter of appellant’s complaint has been before this court, all the other United States Courts of Appeals, and the Supreme Court, in many varying forms. While there are many authorities upon the subject, beginning with Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, and including, inter alia, the cases cited by United States District Judge Taylor in his memorandum opinion, D.C., 136 F.Supp. 926, denying the motion to suppress, namely: Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879; Bradford v. United States, 6 Cir., 194 F.2d 168; and Gilliam v. United States, 6 Cir., 189 F.2d 321; each individual case, as it arises, must be decided upon its own particular facts as *216 to whether there was probable cause for a search or seizure.

We think that, for the reasons stated in the opinion of the district judge, he ruled correctly that there was sufficient evidence to constitute probable cause for search, without a warrant, of the green automobile being driven by appellant at the time of the search of the vehicle by federal officers.

Accordingly, the judgment of the United States District Court is affirmed; and it is so ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

On this appeal from a judgment of conviction and sentence to imprisonment and a fine for violation of Internal Revenue Code sections relating to taxes on distilled spirits, the appellant contends that the trial judge should have sustained appellant’s motion to suppress the evidence for the reason that the government agents lacked sufficient information or personal knowledge to constitute probable cause for the alleged arrest of appellant and for the search of his automobile without a search warrant.

The subject matter of appellant’s complaint has been before this court, all the other United States Courts of Appeals, and the Supreme Court, in many varying forms. While there are many authorities upon the subject, beginning with Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, and including, inter alia, the cases cited by United States District Judge Taylor in his memorandum opinion, D.C., 136 F.Supp. 926, denying the motion to suppress, namely: Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879; Bradford v. United States, 6 Cir., 194 F.2d 168; and Gilliam v. United States, 6 Cir., 189 F.2d 321; each individual case, as it arises, must be decided upon its own particular facts as *216 to whether there was probable cause for a search or seizure.

We think that, for the reasons stated in the opinion of the district judge, he ruled correctly that there was sufficient evidence to constitute probable cause for search, without a warrant, of the green automobile being driven by appellant at the time of the search of the vehicle by federal officers.

Accordingly, the judgment of the United States District Court is affirmed; and it is so ordered.

Beed Fowler v. United States, 229 F.2d 215, 1955 U.S. App. LEXIS 3737 (6th Cir. 1955).

Pincite

229 F.2d 215 (Beed Fowler v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related