406 F.2d 1323 (5th Cir. 1969), 25988, Kiel v. United States

Docket Nº:25988.
Citation:406 F.2d 1323
Party Name:Wadie KIEL, Appellant, v. UNITED STATES of America, Appellee.
Case Date:February 10, 1969
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 1323

406 F.2d 1323 (5th Cir. 1969)

Wadie KIEL, Appellant,


UNITED STATES of America, Appellee.

No. 25988.

United States Court of Appeals, Fifth Circuit.

February 10, 1969

Page 1324

Thomas M. Haas, Mobile, Ala., for appellant.

Vernol R. Jansen, Jr., U.S. Atty., Don Conway, Asst. U.S. Atty., Mobile, Ala., for appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

Pursuant to Rule 18 of the Rules of the Court, this case has been placed on the summary calendar for disposition without oral argument. 1

The single issue presented on this appeal is whether probable cause existed for an arrest and a search incident thereto for violation of the internal revenue laws. The district court found probable cause. This set the stage for the admission of evidence obtained during the search and resulted in the conviction of the appellant for possession and concealment of nontax paid spirits. 26 U.S.C.A. §§ 5205(a)(2) and 7206(4). We conclude that the search was incident to the arrest 2 and that the district court did not err in finding probable cause.

The following are the facts which the district court considered adequate to establish probable cause for the arrest. The government had received information from a reliable source that persons 'were hand carrying moonshine whisky in brown paper bags into the vicinity of Hamilton Street and Beauregard Street intersection in Mobile County, Alabama.' A revenue agent with twelve years experience in the Alcohol and Tobacco Unit in the Mobile area went to the area described by the informant. He there saw the appellant, a man whom he knew to be a previous alcohol law offender, open the trunk of his car, take out three brown paper bags with contents about the size and shape of one-gallon glass jugs, put them in the car, and drive off. The agent radioed other agents who stopped appellant's automobile a short distance away. They immediately found, in addition to the three packages containing one-gallon jugs of illegal whisky on the seat of the car, seventeen gallons of illegal whisky in the trunk.

A good statement of the test which must be applied in this case is contained in Beck v. Ohio, supra, 379 U.S. at 91, 85 S.Ct. at 225:

'* * * The constitutional validity of the search in this case * * * must depend upon the constitutional

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validity of petitioner's...

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