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UNITED STATES v. WELLS

No. 72-1062.

467 F.2d 65 (1972)

UNITED STATES of America, Plaintiff-Appellant. v. James William WELLS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 28, 1972.

Attorney(s) appearing for the Case

Joe B. Brown, Asst. U. S. Atty., for plaintiff-appellant; Charles H. Anderson, U. S. Atty., Fred D. Thompson, Asst. U. S. Atty., Nashville, Tenn., on brief.

Jerry C. Colley, Columbia, Tenn., for defendant-appellee; MacFarland, Colley, Blank & Jack, Columbia, Tenn., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and KENT, Circuit Judges.

EDWARDS, Circuit Judge.

This is a government appeal from a District Judge's suppression of 50 gallons of illicit whiskey which was seized from defendant Wells. Wells had been charged with possessing nontax-paid whiskey, in violation of 26 U.S.C. § 5205(a)(2) (1970).

The District Judge held that there was no probable cause for the arresting officers to stop and search Wells' automobile at the time and place in question and ordered the evidence suppressed...

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