United States, 37 F. The Fourth Amendment does not prohibit the search, without warrant, of an automobile, for liquor illegally transported or possessed, if the search is upon probable cause, and arrest for the transportation or possession need not precede the search. On the day of petitioners' arrest, the witness had received information over the telephone that Husty had two loads of liquor in automobiles of a particular make and description, parked in particular places on named streets.
To show probable cause, it is not necessary that the arresting officer should have had before him Page U. The officers had searched the automobile, without warrant, and found a quantity of intoxicating liquor, which they had seized. The same person had given similar information to the witness before, which had always been found to be reliable.
Petitioners ask review of these rulings on the evidence, but we do not consider them, since they were not assigned as error on the appeal Page U. Since the convictions were upheld under the first count, sentences under the Jones Act were authorized, transportation being one of the offenses enumerated in that Act. In such circumstances, we do not think the officers should be required to speculate upon the chances of successfully carrying out the search, after the delay and withdrawal from the scene of one or more officers which would have been necessary to procure a warrant. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site.
In such circumstances, we do not think the officers should be required to speculate upon the chances of successfully carrying out the search, after the delay and withdrawal from the scene of one or more officers which would have been necessary to procure a warrant. Later, petitioners and a third man entered the car. The officer believed the information, and, acting upon it, found one of the cars described at the point indicated, and unattended. United States, U.
The search was therefore on probable cause, and not unreasonable, and the motion to suppress the evidence was rightly denied. Later, petitioners and a third man entered the car. Failure to state more specifically the amount of the liquor and the time and place of the offenses charged does not affect the validity of the indictment. United States, 37 F.
To show probable cause, it is not necessary that the arresting officer should have had before him Page U. The Court of Appeals for the Sixth Circuit, without opinion, affirmed the convictions under both counts and held the sentences to be supported by the convictions upon the second count -- that for possession -- alone.
Posted by: Zulkirg | on October 2, 2012
Petitioners were convicted in the District Court for Western Michigan upon two counts of an indictment, the first for transporting, and the second for possessing, intoxicating liquors in violation of the National Prohibition Act. Laurel and the third man fled, and the latter escaped.
The officers, believing that the car contained intoxicating liquor, searched it and found eighteen cases of whisky. The officers had searched the automobile, without warrant, and found a quantity of intoxicating liquor, which they had seized. In the course of the hearing on the motion, questions by petitioners seeking to establish the name and identity of the officer's informant were excluded.
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