UNITED STATES v. HOLLAND

No. 16259.

242 F.2d 248 (1957)

UNITED STATES of America, Appellant, v. Odie Jeep HOLLAND, Claimant of One 1951 Reo Van Truck, Motor No. 292-70812, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 22, 1957.


Attorney(s) appearing for the Case

Edith House, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.

John W. Muskoff, Jacksonville, Fla., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


PER CURIAM.

This is an appeal by the United States from a judgment of the District Court refusing to order the forfeiture of the defendant's truck to the appellant and ordering it returned to the claimant on the sole ground that "probable cause did not exist for the search of the motor vehicle involved in this cause." Claimant had been arrested while driving the truck in question, which upon search was shown to contain 223 five-gallon glass jars of nontaxpaid whiskey...

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