BRUNER v. UNITED STATES

No. 3133.

150 F.2d 865 (1945)

BRUNER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

August 27, 1945.


Attorney(s) appearing for the Case

Herbert K. Hyde, of Oklahoma City, Okl. (Lee Williams, of Oklahoma City, Okl., on the brief), for appellant.

Charles E. Dierker, U. S. Atty., and Robert E. Shelton, Asst. U. S. Atty., both of Oklahoma City, Okl., for appellee.

Before MURRAH, Circuit Judge, and RICE and SAVAGE, District Judges.


SAVAGE, District Judge.

The sole question presented by this appeal is whether the evidence resulting in the conviction of appellant, Joe W. Bruner, of violation of 27 U.S.C.A. § 223 by transporting taxpaid whisky into dry Oklahoma, was obtained by an unreasonable search and seizure contrary to the Fourth Amendment to the Constitution of the United States.

On October 10, 1944, at about 1:00 A.M., George Long and Ernest Evans, Agents of the Alcohol Tax...

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