United States v. Braggs, No. 4202.

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtPHILLIPS, , and BRATTON and HUXMAN, Circuit
Citation189 F.2d 367
PartiesUNITED STATES v. BRAGGS et al.
Docket NumberNo. 4202.
Decision Date23 May 1951

189 F.2d 367 (1951)

UNITED STATES
v.
BRAGGS et al.

No. 4202.

United States Court of Appeals Tenth Circuit.

May 9, 1951.

Rehearing Denied May 23, 1951.


189 F.2d 368

Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., for United States.

Sid White, Oklahoma City, Okl., for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is a proceeding instituted by the United States for the forfeiture of an automobile on the ground it had been used to remove and conceal unlawfully nontaxpaid whiskey. Gertie Braggs filed an intervening petition in which she set up that she was the owner of the automobile and prayed that it be surrendered to her.

The evidence of two police officers adduced at the hearing established the following facts: On February 17, 1950, about 4:30 a.m., the officers were cruising northerly on Grand Boulevard in Oklahoma City, Oklahoma, in a police car. When they came to the southeast corner of Lincoln Park they observed the automobile proceeding out of the park in an easterly direction. Its lights were off and they suspected it was a stolen car. They drove alongside the automobile and signaled with their police siren for the driver to stop. Instead of stopping, the driver of the automobile fled. The police officers pursued him. During the pursuit the automobile at times reached speeds in excess of 80 miles per hour. After the pursuit had continued for about six miles, a tire on the automobile blew out and it ran into an embankment. When the police officers came up they saw Clifford Braggs in the automobile, and as they approached the automobile they detected a strong odor of whiskey. They ordered Braggs out of the automobile and placed him under arrest. Immediately thereafter, they searched the automobile and found therein a number of half-gallon jars containing nontax-paid whiskey and some broken jars. Charges of exceeding the lawful speed limit, vagrancy, and unlawful possession of whiskey were filed against Braggs in the city court. He was convicted and a fine was assessed on each charge.

The officers did not report Braggs' possession and transportation of nontax-paid whiskey to the Federal Alcohol Tax Unit and they had no instructions so to report such violations.

Whether the city park was within or without the territorial limits of Oklahoma City was not clearly established. There was proof, however, that the park belonged to the city and that city police officers provided police protection for the park. The trial judge found that there was a tacit agreement or understanding between the county and city officers and the Federal Alcohol Tax Unit that where there was an unlawful search and seizure by county or city officers, the case would be turned over to the Alcohol Tax Unit for prosecution. There was no evidence whatever to support that finding. The court stated that he took judicial notice of such facts.

The court found further that the search of the automobile was unreasonable and unlawful and denied forfeiture. The United States has appealed.

When Braggs proceeded out of the park onto the highway, with the lights on the Lincoln automobile turned off, he violated 47 Okl.St.Ann. § 131. When he proceeded at a speed in excess of 55 miles an hour he...

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7 practice notes
  • USA v. Sawyer, No. CQ-2004-240.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • June 8, 2004
    ...and (3) when an officer is serving an arrest warrant. Id., 1977 OK CR 1, ¶ 14, 560 at 203, 560 P.2d 200, citing United States v. Braggs, 189 F.2d 367 (10th Cir.1951) (hot pursuit); 11 O.S.2001, § 27-113 (service of arrest warrant "any place within this state"); 11 O.S.2001, § 34-103 (reques......
  • United States v. Abel, No. 331
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 11, 1958
    ...subject to seizure.11 Cf. Kelly v. United States, 5 258 F.2d 497 Cir., 1952, 197 F.2d 162; United States v. Braggs, 10 Cir., 1951, 189 F.2d 367. Similarly, the papers taken from Abel's person were subject to seizure, for it is clear that they were the "instrumentalities and means" by which ......
  • Andersen v. United States, No. 15053.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 21, 1956
    ...10 Cir., 1947, 163 F.2d 325, 327; United States v. O'Brien, 7 Cir., 1949, 174 F.2d 341, 346; United States v. Braggs, 10 Cir., 1951, 189 F. 2d 367, 369; Johnson v. United States, 5 Cir., 1953, 207 F.2d 314, 321, certiorari denied, 1954, 347 U.S. 938, 74 S.Ct. 632, 98 L.Ed. 1087; United Stat......
  • McIntire v. United States, No. 4948.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • February 28, 1955
    ...67 S.Ct. 1098, 91 L.Ed. 1399; United States v. Rabinowitz, 339 U.S. 56, 61, 70 S.Ct. 430, 94 L.Ed. 653; United States v. Braggs, 10 Cir., 189 F.2d 367, 369; Agnello v. United States, 269 U.S. 20, 30, 46 S.Ct. 4, 5, 70 L.Ed. 145. In the case last cited the court said: "The right without a se......
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7 cases
  • USA v. Sawyer, No. CQ-2004-240.
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
    • June 8, 2004
    ...and (3) when an officer is serving an arrest warrant. Id., 1977 OK CR 1, ¶ 14, 560 at 203, 560 P.2d 200, citing United States v. Braggs, 189 F.2d 367 (10th Cir.1951) (hot pursuit); 11 O.S.2001, § 27-113 (service of arrest warrant "any place within this state"); 11 O.S.2001, § 34-103 (reques......
  • United States v. Abel, No. 331
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • July 11, 1958
    ...subject to seizure.11 Cf. Kelly v. United States, 5 258 F.2d 497 Cir., 1952, 197 F.2d 162; United States v. Braggs, 10 Cir., 1951, 189 F.2d 367. Similarly, the papers taken from Abel's person were subject to seizure, for it is clear that they were the "instrumentalities and means" by which ......
  • Andersen v. United States, No. 15053.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 21, 1956
    ...10 Cir., 1947, 163 F.2d 325, 327; United States v. O'Brien, 7 Cir., 1949, 174 F.2d 341, 346; United States v. Braggs, 10 Cir., 1951, 189 F. 2d 367, 369; Johnson v. United States, 5 Cir., 1953, 207 F.2d 314, 321, certiorari denied, 1954, 347 U.S. 938, 74 S.Ct. 632, 98 L.Ed. 1087; United Stat......
  • McIntire v. United States, No. 4948.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • February 28, 1955
    ...67 S.Ct. 1098, 91 L.Ed. 1399; United States v. Rabinowitz, 339 U.S. 56, 61, 70 S.Ct. 430, 94 L.Ed. 653; United States v. Braggs, 10 Cir., 189 F.2d 367, 369; Agnello v. United States, 269 U.S. 20, 30, 46 S.Ct. 4, 5, 70 L.Ed. 145. In the case last cited the court said: "The right without a se......
  • Request a trial to view additional results

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