Weathersbee v. United States

Fifth Circuit

Weathersbee v. United States

62 F.2d 822, 1933 U.S. App. LEXIS 3866

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 10, 1933

DocketNo. 6536

StatusPublished

Cited by4 cases

This text of 62 F.2d 822 (Weathersbee v. United States) 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.

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Weathersbee v. United States, 62 F.2d 822, 1933 U.S. App. LEXIS 3866 (5th Cir. 1933).

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Opinion

PER CURIAM.

Appellant was convicted of the unlawful transportation of intoxicating liquor. He relies for a reversal solely on the contention that a search of his automobile by officers without a warrant was an unreasonable one.

According to evidence for the prosecution, no search was made or was necessary, but upon inquiry by government prohibition •agents as to what was contained in a package that had just been removed from the automobile and then immediately replaced in it as the agents approached, appellant stated that the package contained “home brew.” In addition the testimony given by the agents disclosed that appellant was engaged in unlawfully removing intoxicating liquor from one place to another. Under these circumstances a search without a warrant was lawful. Carroll v. United States, 267 U. S. 132, 45 S. Ct. 280, 69 L. Ed. 543, 39 A. L. R. 790; Husty v. United States, 282 U. S. 694, 51 S. Ct. 240, 75 L. Ed. 629, 74 A. L. R. 1407.

The judgment is affirmed.

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PER CURIAM.

Appellant was convicted of the unlawful transportation of intoxicating liquor. He relies for a reversal solely on the contention that a search of his automobile by officers without a warrant was an unreasonable one.

According to evidence for the prosecution, no search was made or was necessary, but upon inquiry by government prohibition •agents as to what was contained in a package that had just been removed from the automobile and then immediately replaced in it as the agents approached, appellant stated that the package contained “home brew.” In addition the testimony given by the agents disclosed that appellant was engaged in unlawfully removing intoxicating liquor from one place to another. Under these circumstances a search without a warrant was lawful. Carroll v. United States, 267 U. S. 132, 45 S. Ct. 280, 69 L. Ed. 543, 39 A. L. R. 790; Husty v. United States, 282 U. S. 694, 51 S. Ct. 240, 75 L. Ed. 629, 74 A. L. R. 1407.

The judgment is affirmed.

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62 F.2d 822, 1933 U.S. App. LEXIS 3866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weathersbee-v-united-states-ca5-1933.

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