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SMITH v. UNITED STATES

Nos. 4939, 4940.

63 F.2d 831 (1933)

SMITH v. UNITED STATES. BROWN v. SAME.

Circuit Court of Appeals, Third Circuit.

March 2, 1933.

Attorney(s) appearing for the Case

Louis Halle, of New York City, and Frederic M. P. Pearse, of Newark, N. J., for appellants.

Harlan Besson, U. S. Atty., of Hoboken, N. J., and John W. Griggs, Asst. U. S. Atty., of Paterson, N. J.

Before BUFFINGTON and DAVIS, Circuit Judges, and JOHNSON, District Judge.

DAVIS, Circuit Judge.

The defendants, Smith and Brown, were convicted in the District Court upon indictments charging them with possession and transportation of intoxicating liquor in violation of the National Prohibition Act (27 USCA). The defendants were apprehended while driving trucks along a public highway. Customs officers seized their trucks without warrants, found contraband liquor, and placed the defendants under arrest. A motion to suppress the evidence...

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