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UNITED STATES v. CAMPBELL

No. 11584.

395 F.2d 848 (1968)

UNITED STATES of America, Appellee, v. Othell CAMPBELL, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 20, 1968.

Attorney(s) appearing for the Case

Thomas W. Greene, Greenville, S. C. (Sol E. Abrams, and Abrams, Bowen & Townes, Greenville, S. C., on brief) for appellant.

William B. Long, Jr., Asst. U. S. Atty. (Klyde Robinson, U. S. Atty., and Robert O. DuPre, Asst. U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and MacKENZIE, District Judge.

PER CURIAM:

Convicted of possession of illicit whiskey, Othell Campbell has appealed, complaining that his motion to suppress evidence gained from an unlawful search and seizure should have been granted. The search in question was the viewing by Alcohol and Tobacco Tax Division agents from an adjacent cornfield of a transaction in illicit whiskey which took place in the backyard of Campbell's home. The agents were not within the curtilage and the "open field" doctrine...

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