Boyd v. United States

• Decision Date: 06 February 1923
• Docket Number: 2038.
• Parties: BOYD v. UNITED STATES.
• Court: U.S. Court of Appeals — Fourth Circuit

286 F. 930

BOYD v. UNITED STATES.

No. 2038.

United States Court of Appeals, Fourth Circuit.

February 6, 1923

William M. Smoak, of Aiken, S.C., for plaintiff in error.

Louis M. Shimel, Asst. U.S. Atty., of Charleston, S.C. (J. D. E Meyer, U.S. atty., of Charleston, S.C., on the brief), for the United States.

Before WOODS and WADDILL, Circuit Judges, and ROSE, District Judge.

WOODS Circuit Judge.

The issue is whether, under the circumstances, evidence of the finding of intoxicating liquors in an automobile without a warrant by a federal prohibition officer should have been excluded in the trial of the defendant on a charge of illegally transporting intoxicating liquors.

There is high authority for the proposition that the person in possession of forfeited property has no right to the protection of his possession, and that the property is always rightfully subject to seizure on behalf of the government. United States v. Stowell, 133 U.S. 19, 10 Sup.Ct 244, 33 L.Ed. 555; Taylor v. United States, 3 How. 197, 205, 11 L.Ed. 559; United States v. Welsh (D.C.) 247 F. 239. Search and seizure of automobiles without a search warrant in enforcement of the National Prohibition Act (41 Stat. 305) has been justified on this ground. United States v. Fenton (D.C.) 268 F. 221; United States v. Bateman (D.C.) 278 F. 231; Amos v. United States, 255 U.S. 313, 41 Sup.Ct. 266, 65 L.Ed 654.

But we may leave in abeyance the general question of the right of an officer to search an automobile whenever and wherever he sees fit, to the end that he may obtain evidence and ascertain whether the car and liquor contained in it had been forfeited. Section 26, tit. 2, National Prohibition Act, provides:

'When the commissioner, his assistants, inspectors, or any other officer of the law shall discover any person in the act of transporting in violation of the law, intoxicating liquors in any wagon, buggy, automobile, water or air craft, or other vehicle, it shall be his duty to seize any and all intoxicating liquors found therein being transported contrary to law. Whenever intoxicating liquors transported or possessed illegally shall be seized by an officer he shall take possession of the vehicle and team or automobile, boat, air or water craft, or any other conveyance, and shall arrest any person in charge thereof.'

The case is presented on this agreed statement of facts:

'Testimony for the prosecution showed that the defendant, D. Chester Boyd, was found by the witnesses for the prosecution, who were prohibition officers, in a public road standing at a short distance from an automobile which was at a spot on the side of the road. In the automobile there was a boy by the name of Tracy Hook. The defendant was standing

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