Loy Duane Fields v. United States

Fifth Circuit

Loy Duane Fields v. United States

355 F.2d 543

Court of Appeals for the Fifth Circuit·Decided March 4, 1966·No. 22158·Published·Cited by 7 cases

Opinion

PER CURIAM:

Appellant 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.

The 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.

Affirmed.

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PER CURIAM:

Appellant 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.

The 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.

Affirmed.

Loy Duane Fields v. United States, 355 F.2d 543 (5th Cir. 1966).

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