UNITED STATES v. ONE 1957 FORD CUSTOM TUDOR

No. 6010.

264 F.2d 682 (1959)

UNITED STATES of America, Appellant, v. ONE 1957 FORD CUSTOM TUDOR, Motor No. A7MG167966; and Lewis Millard Smith, Appellees.

United States Court of Appeals Tenth Circuit.

February 21, 1959.


Attorney(s) appearing for the Case

Harry G. Fender, Muskogee, Okl. (Frank D. McSherry and Paul M. Brewer, Muskogee, Okl., on the brief), for appellant.

Anthis & Gotcher, Muskogee, Okl., on brief for appellees.

Before HUXMAN, MURRAH and BREITENSTEIN, Circuit Judges.


MURRAH, Circuit Judge.

This is an appeal from a judgment suppressing the incriminating evidence and denying forfeiture of a condemned automobile in a prosecution for violation of the Internal Revenue laws relating to liquor. The arrest, search and seizure were effected without a warrant but primarily on confidential information, and the decisive question is whether in these circumstances there was probable cause therefor.

On motion to suppress, there was evidence...

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