UNITED STATES v. BOWERS

No. 71-3106.

458 F.2d 1045 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. Sam BOWERS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 8, 1972.


Attorney(s) appearing for the Case

William H. Stafford, Jr., U. S. Atty., Clinton Ashmore, Asst. U. S. Atty., Tallahassee, Fla., Robert L. Crongeyer, Jr., Asst. U. S. Atty., Pensacola, Fla., for plaintiff-appellant.

J. Robert Hughes, Panama City, Fla. (Court Appointed), for defendants-appellees).

Before TUTTLE, GEWIN and THORNBERRY, Circuit Judges.


THORNBERRY, Circuit Judge:

In this liquor case, 26 U.S.C.A. § 5601, the United States is appealing the district court's order granting appellees' motion to suppress evidence seized incident to their arrest.

Two beverage agents of the State of Florida, Blysma and Russ, were patrolling along a dirt road in a rural area, looking for illegal distilling activity, when they saw "fresh travel" leading from the dirt road into a field. As they drove into the field...

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