United States v. Odie Jeep Holland, of One 1951 Reo Van Truck, Motor No. 292-70812

Fifth Circuit

United States v. Odie Jeep Holland, of One 1951 Reo Van Truck, Motor No. 292-70812

242 F.2d 248

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 22, 1957

Docket16259_1

StatusPublished

Cited by2 cases

This text of 242 F.2d 248 (United States v. Odie Jeep Holland, of One 1951 Reo Van Truck, Motor No. 292-70812) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Odie Jeep Holland, of One 1951 Reo Van Truck, Motor No. 292-70812, 242 F.2d 248 (5th Cir. 1957).

Pincite

Opinion

PER CURIAM.

This is an appeal by the United States from a judgment of the District Court refusing to order the forfeiture of the defendant’s truck to the appellant and ordering it returned to the claimant on the sole ground that “probable cause did not exist for the search of the motor vehicle involved in this cause.” Claimant had been arrested while driving the truck in question, which upon search was shown to contain 223 five-gallon glass jars of nontaxpaid whiskey, and was tried and convicted with others for conspiracy to violate various sections of the Internal Revenue Code, upon an indictment which charged as one overt act the transportation of the whiskey in this truck at the time of the arrest. This court affirmed the conviction, Crosby v. United States, 231 F.2d 679, in an opinion in which the pertinent facts of the seizure are set out more fully, with special reference to the issue of probable cause for the search.

In this libel action the Government offered the testimony of the same witnesses as evidence of the circumstances of the search of the truck as was offered at claimant’s criminal trial, and we hold that the evidence on which the agents here acted was sufficient as a matter of law to give them probable cause for the seizure.

Reversed and remanded for entry of judgment for the United States.

Reversed and remanded.

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

PER CURIAM.

This is an appeal by the United States from a judgment of the District Court refusing to order the forfeiture of the defendant’s truck to the appellant and ordering it returned to the claimant on the sole ground that “probable cause did not exist for the search of the motor vehicle involved in this cause.” Claimant had been arrested while driving the truck in question, which upon search was shown to contain 223 five-gallon glass jars of nontaxpaid whiskey, and was tried and convicted with others for conspiracy to violate various sections of the Internal Revenue Code, upon an indictment which charged as one overt act the transportation of the whiskey in this truck at the time of the arrest. This court affirmed the conviction, Crosby v. United States, 231 F.2d 679, in an opinion in which the pertinent facts of the seizure are set out more fully, with special reference to the issue of probable cause for the search.

In this libel action the Government offered the testimony of the same witnesses as evidence of the circumstances of the search of the truck as was offered at claimant’s criminal trial, and we hold that the evidence on which the agents here acted was sufficient as a matter of law to give them probable cause for the seizure.

Reversed and remanded for entry of judgment for the United States.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

242 F.2d 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-odie-jeep-holland-of-one-1951-reo-van-truck-motor-no-ca5-1957.

Opinion

Related

Cite This Page — Counsel Stack