176 F.2d 433 | 8th Cir. | 1949
On June 3, 1948, at about 10:30 P.M., the defendants (appellants) were driving a truck on United States Highway No. 70, near Hot Springs, Arkansas. The truck contained sixty gallons of non-tax-paid whiskey. The defendants were stopped by federal officers (Investigators of the Alcohol Tax Unit of the Treasury Department). The officers had no search warrant, but searched the truck, seized the whiskey, and arrested the defendants. The defendants were subsequently indicted for the possession, removal and concealment of non-tax-paid liquor. 26 U.S.C.A. § 2803, § 2913, and § 3321. They moved the District Court to suppress the evidence as having been secured through an unlawful search and seizure, in violation of the Fourth Amendment to the Constitution of the United States. The motion was denied. They waived trial by jury, and were tried, convicted and sentenced by the court. By this appeal they challenge the validity of the search and seizure.
Their contention is that the officers, when they searched the truck and seized the liquor, had no reasonable grounds for believing that the truck contained contraband liquor. The District Court thought otherwise. The evidence adduced upon the hearing of the motion was that on June 3, 1948, the officers had received information that the defendant Austin Peppers, who had a reputation as a liquor law violator, was going to bring a load of
The defendants contend that between the time the officers received the information upon which they acted and the time they made the search and seizure, they could, and should, have procured a search warrant. A similar contention was overruled in Husty v. United States, 282 U.S. 694, 701, 51 S.Ct. 240, 75 L.Ed. 629, 74 A.L.R. 1407. Those in the illicit liquor traffic seldom operate upon a fixed schedule, or at least they issue no time-tables.
The question whether the officers had probable cause to believe that liquor would be found in the truck of the defendants was, under the evidence adduced at the hearing of the motion to suppress, a question of fact for the trial court and not a question of law for this Court. See and compare, Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543, 39 A.L.R. 790; Husty v. United States, 282 U.S. 694, 51 S.Ct. 240, 75 L.Ed. 629, 74 A.L.R. 1407; Scher v. United States, 305 U.S. 251, 59 S.Ct. 174, 83 L.Ed. 151; Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302; Nichols v. United States, 8 Cir., 176 F.2d 431.
The judgment appealed from is affirmed.