Kelly v. United States, No. 13896.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtHUTCHESON, , and BORAH, and RUSSELL, Circuit
Citation197 F.2d 162
PartiesKELLY v. UNITED STATES.
Decision Date07 July 1952
Docket NumberNo. 13896.

197 F.2d 162 (1952)

KELLY
v.
UNITED STATES.

No. 13896.

United States Court of Appeals Fifth Circuit.

June 6, 1952.

Rehearing Denied July 7, 1952.


Henry R. Carr, Miami, Fla., for appellant.

Ernest L. Duhaime, Asst. U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and RUSSELL, Circuit Judges.

BORAH, Circuit Judge.

Walter Kelly was convicted on three counts of an indictment charging the unlawful possession, concealment, and transportation of distilled spirits in violation of § 2803(a) and 3116 of the Internal Revenue Code, 26 U.S.C. §§ 2803(a), 3116.

Before the trial the defendant moved to suppress the evidence, which served as a basis for the conviction, on the grounds that it had been obtained by an unreasonable search and seizure contrary to the provisions of the Fourth Amendment.1

The motion to suppress was denied and defendant's objection to the evidence at the trial was overruled. The sole question presented by this appeal is whether the trial court erred in failing to suppress the evidence so obtained.

Taking the government's version of disputed events, not because we are bound by the district court's findings but rather because we are in agreement therewith, we rest our decision on these facts. During the period from January 5th through January 19th, 1951, the United States Border

197 F.2d 163
Patrol, pursuant to the authority contained in Title 8, Section 110, U.S.C.A., as amended, was maintaining a checking station or road block on U. S. Highway 1 seven miles south of Homestead, Florida, which is the only highway leading out of the isolated Florida Keys.2 The station, with a complement of six men, was officially established on orders from the Chief Border Inspector and the occupants of all vehicles passing the station traveling north were questioned as to their nationality and, if the possibility of concealment existed, all vehicles were searched for aliens. South of the point where traffic was being checked and at intervals of approximately two hundred yards there were three signs on the right hand side of the highway warning the travelling public of the presence of federal officers

On the afternoon of January 19th between the hours of three and four patrol inspector Lowery saw a yellow Buick automobile turn around in the highway several hundred yards south of the point where he was checking traffic. His suspicion aroused, he gave chase. After travelling a distance of fifteen or nineteen miles at excessive speed and with his siren blowing a summons to stop, the fleeing automobile was finally overtaken in a curve of the road and stopped when the pursuing car pulled across in front of it. When the automobiles came to rest inspector Lowery, who was then in official uniform, got out of his car and Kelly, who had previously alighted from his automobile, came walking towards him. As Kelly drew near, he...

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22 practice notes
  • Amador-Gonzalez v. United States, No. 23480.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 23 Febrero 1968
    ...under federal statutes permitting warrantless search of persons and vehicles entering this country. Kelly v. United States, 5 Cir. 1952, 197 F.2d 162; King v. United States, 5 Cir. 1958, 258 F.2d 754; Davis, Federal Searches and Seizures 368-373 (1964). Under 19 U.S.C. §§ 482, 1581, 1582, t......
  • Huguez v. United States, No. 21518.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 12 Febrero 1969
    ...Thomas v. United States, 372 F.2d 252 (5th Cir. 1967); Marsh v. United States, 344 F.2d 317, 324 (5th Cir. 1965); Kelly v. United States, 197 F.2d 162 (5th Cir. 1952); Landau v. United States Attorney, 82 F.2d 285, 286 (2d Cir.), cert. denied, 298 U.S. 665, 56 S.Ct. 747, 80 L.Ed. 1389 (1936......
  • United States v. Almeida-Sanchez, No. 26514.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 3 Febrero 1972
    ...for narcotics (ibid.). 9 See notes 1 and 2. 10 Alexander v. United States, 362 F.2d 379, 381 (9th Cir. 1966). 11 Kelly v. United States, 197 F.2d 162, 164 (5th Cir. 12 Cf. United States v. Weil, 432 F.2d 1320 (9th Cir. 1970); Alexander v. United States, supra, 362 F.2d at 381; Morales v. Un......
  • United States v. Peltier 8212 2000, No. 73
    • United States
    • United States Supreme Court
    • 25 Junio 1975
    ...distance from any external boundary of the United States.' 8. United States v. Thompson, 475 F.2d 1359 (CA5 1973); Kelly v. United States, 197 F.2d 162 (CA5 1952); Roa-Rodriquez v. United States, 410 F.2d 1206 (CA10 1969); United States v. Miranda, 426 F.2d 283 (CA9 1970); United States v. ......
  • Request a trial to view additional results
22 cases
  • Amador-Gonzalez v. United States, No. 23480.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 23 Febrero 1968
    ...under federal statutes permitting warrantless search of persons and vehicles entering this country. Kelly v. United States, 5 Cir. 1952, 197 F.2d 162; King v. United States, 5 Cir. 1958, 258 F.2d 754; Davis, Federal Searches and Seizures 368-373 (1964). Under 19 U.S.C. §§ 482, 1581, 1582, t......
  • Huguez v. United States, No. 21518.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 12 Febrero 1969
    ...Thomas v. United States, 372 F.2d 252 (5th Cir. 1967); Marsh v. United States, 344 F.2d 317, 324 (5th Cir. 1965); Kelly v. United States, 197 F.2d 162 (5th Cir. 1952); Landau v. United States Attorney, 82 F.2d 285, 286 (2d Cir.), cert. denied, 298 U.S. 665, 56 S.Ct. 747, 80 L.Ed. 1389 (1936......
  • United States v. Almeida-Sanchez, No. 26514.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 3 Febrero 1972
    ...for narcotics (ibid.). 9 See notes 1 and 2. 10 Alexander v. United States, 362 F.2d 379, 381 (9th Cir. 1966). 11 Kelly v. United States, 197 F.2d 162, 164 (5th Cir. 12 Cf. United States v. Weil, 432 F.2d 1320 (9th Cir. 1970); Alexander v. United States, supra, 362 F.2d at 381; Morales v. Un......
  • United States v. Peltier 8212 2000, No. 73
    • United States
    • United States Supreme Court
    • 25 Junio 1975
    ...distance from any external boundary of the United States.' 8. United States v. Thompson, 475 F.2d 1359 (CA5 1973); Kelly v. United States, 197 F.2d 162 (CA5 1952); Roa-Rodriquez v. United States, 410 F.2d 1206 (CA10 1969); United States v. Miranda, 426 F.2d 283 (CA9 1970); United States v. ......
  • Request a trial to view additional results

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