Lowery v. United States

Ninth Circuit

Lowery v. United States

135 F.2d 626, 1943 U.S. App. LEXIS 3341

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 27, 1943

DocketNo. 10211

StatusPublished

Cited by1 cases

This text of 135 F.2d 626 (Lowery v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lowery v. United States, 135 F.2d 626, 1943 U.S. App. LEXIS 3341 (9th Cir. 1943).

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Opinion

PER CURIAM.

Appellant was convicted of a violation of the Narcotic Drugs Act, 21 U.S.C.A. § 174. His sole contention is that the evidence against him was obtained by an unlawful search and seizure in violation of the Fourth and Fifth Amendments to the Constitution.

Appellant was intercepted by the federal officers as he disembarked from a plane and was about to enter a bus; and a bag was taken from him containing a number of tins of opium. The officers had no search warrant. It is clear from the showing made on the motion to suppress that the officers were in possession of facts sufficient to lead a reasonably discreet and prudent person to believe that appellant was unlawfully in possession of narcotics. The judgment is accordingly affirmed on the authority of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790, and Husty v. United States, 282 U.S. 694, 51 S.Ct. 240, 75 L.Ed. 629, 74 A.L.R. 1407.

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PER CURIAM.

Appellant was convicted of a violation of the Narcotic Drugs Act, 21 U.S.C.A. § 174. His sole contention is that the evidence against him was obtained by an unlawful search and seizure in violation of the Fourth and Fifth Amendments to the Constitution.

Appellant was intercepted by the federal officers as he disembarked from a plane and was about to enter a bus; and a bag was taken from him containing a number of tins of opium. The officers had no search warrant. It is clear from the showing made on the motion to suppress that the officers were in possession of facts sufficient to lead a reasonably discreet and prudent person to believe that appellant was unlawfully in possession of narcotics. The judgment is accordingly affirmed on the authority of Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790, and Husty v. United States, 282 U.S. 694, 51 S.Ct. 240, 75 L.Ed. 629, 74 A.L.R. 1407.

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135 F.2d 626, 1943 U.S. App. LEXIS 3341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowery-v-united-states-ca9-1943.

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