CARR v. UNITED STATES

No. 398.

59 F.2d 991 (1932)

CARR et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 20, 1932.


Attorney(s) appearing for the Case

Theodore A. Knapp, of Saratoga Springs, N. Y., for appellants.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y., for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge (after stating the facts as above).

It is plain enough that these officers stationed themselves as they did on the highway that night simply because they thought the time and place afforded good hunting ground. They had no information about this car before they stopped it by force, except what they could gain from seeing it approach and go by two of them at from forty-five to fifty miles an hour with its headlights turned on. It was but little...

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