UNITED STATES v. BROWN

No. 26965.

411 F.2d 478 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. John Henry BROWN, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 6, 1969.


Attorney(s) appearing for the Case

B. Clarence Mayfield, Savannah, Ga., for appellant.

Floyd M. Buford, U. S. Atty., D. L. Rampey, Jr., Asst. U. S. Atty., Macon, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, GODBOLD, Circuit Judge, and CABOT, District Judge.


CABOT, District Judge:

Appellant, John Henry Brown, was convicted on two counts of possession and transportation of nontaxpaid liquor. 26 U.S.C. §§ 5205(a) (2) and 5604(a). His sole point on appeal centers around the warrantless pre-arrest search of his automobile by Special Investigator Bob Griffith of the Alcohol and Tobacco Tax Office.

On June 18, 1968, at about 6:15 P.M., Agent Griffith was telephoned by an informant that the defendant was transporting...

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