Ramsey v. United States
| Decision Date | 06 July 1928 |
| Docket Number | No. 5077.,5077. |
| Parties | RAMSEY et al. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Sam A. Susong, of Greeneville, Tenn. (Susong, Susong & Parvin, of Greeneville, Tenn., McMahan & Pierce, of Morristown, Tenn., and Greer & Greer, of Newport, Tenn., on the brief), for plaintiffs in error.
Wilbur W. Piper, Asst. U. S. Atty., of Knoxville, Tenn. (George C. Taylor, U. S. Atty., of Knoxville, Tenn., on the brief), for the United States.
Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.
The two plaintiffs in error were indicted, under section 37 of the Penal Code (18 USCA ? 88), jointly with Laura Ramsey (sister of plaintiff in error Halcomb Ramsey), one Mathis, one Green, and one Thomas, on a charge of conspiring to violate the National Prohibition Act (27 USCA) by selling, possessing, transporting, and manufacturing intoxicating liquor and maintaining a common nuisance at the dwelling house of Laura Ramsey, in Newport, Tenn. The two plaintiffs in error were convicted and sentenced. Laura Ramsey was convicted, but the final disposition of her case does not appear. The remaining three persons charged in the indictment were acquitted.1
All the parties charged in the conspiracy indictment had been found by the prohibition agent and deputy United States marshal at the home of Laura Ramsey. A Hudson car driven by Halcomb Ramsey and a Ford coup? driven by McCurry, and occupied also by Mathis, were then and there searched without a warrant therefor, and a large quantity of whisky found in each car. A Ford touring car brought by Green and Thomas (the "colored boys") contained no liquor. On the trial each plaintiff in error, while denying a conspiracy, admitted that the liquor found in his car was being possessed and transported by him, without even asserting a claim of lawful purpose.
It was the government's theory that Green and Thomas were at the Laura Ramsey home for the purpose of getting a load of liquor. The first of the two complaints presented here is that the two officers had no probable cause for searching the automobiles of the respective plaintiffs in error, and that the admission of the result of that search violated the Fourth and Fifth Amendments to the Constitution.
We see no merit in this contention. There was testimony, in substance, that one Proffett, who had been assisting the officers in "breaking up the liquor business on Cosby," saw plaintiff in error Halcomb Ramsey in his Hudson car, and plaintiff in error McCurry and Mathis in the Ford coup?, the latter not far behind the former, and going toward Cosby; that the Hudson car (at least) was heavily loaded; that Proffett told the officers that, if the prohibition director wanted to catch two cars "right quick," to go to Laura Ramsey's; if he would go there he would catch them; or, as again stated, that "Halcomb Ramsey was coming down the road and had gone on with a load of liquor;" that because of this information the officers went at once to Laura Ramsey's where McCurry was seen to come out of the house and put his hand on the door of the Hudson (Ramsey's car), and when he saw the officers went back in the house; that Ramsey came out of one door of the house and McCurry out of the other; that Laura Ramsey's house was not the home of either plaintiff in error, nor was the whisky seized in the house, but in the automobiles which were in Laura Ramsey's yard. Neither the automobiles nor the whisky therein were claimed by any one to belong to Laura Ramsey. The two cars containing the liquor, when found at Laura Ramsey's, were splashed with fresh mud and apparently were just driven in. The soft ground also showed the marks of recent tracks; there was testimony that one of the officers, before opening the cars, looked in through the window of the Hudson car and saw there a large number of "fruit jar cartons," said to be commonly used for carrying bottled liquor. The seizure was in February, and thus outside the canning season. On looking through the door of the Ford coup?, before it was opened, there was seen a large quantity of stuff in "paper pokes," said also to be used for carrying liquors.2
The first objection to the testimony of the finding and seizure of liquor was made at the close of Proffett's testimony, by motion to strike out, and not until after both officers and a fourth witness for the government had testified. The record thus shows, not only express information given by Proffett, which fully justified the officers in going to Laura Ramsey's home; but the evidence, even standing alone, disclosed by the cars themselves, before they were opened, completely warranted the expectation that liquor would be found within. Not to have acted upon the evidence so presented would call for explanation. We see no merit in the contention that Proffett himself had not sufficient evidence to justify the word sent the officers. If true, it would not be controlling. The crucial question concerns only the officers' prudence and caution. However, it is at least presumable that Proffett was well acquainted with both plaintiffs in error, and with operations on their part justifying his message to the officers.
We think the facts and circumstances presented to the officers were amply sufficient to warrant men of prudence and caution in believing that the two cars were transporting liquor...
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