United States v. Joines

Decision Date14 August 1958
Docket NumberNo. 12186.,12186.
Citation258 F.2d 471
PartiesUNITED STATES of America v. J. Paul JOINES and John Robert Joines. Appeal of John Robert JOINES.
CourtU.S. Court of Appeals — Third Circuit

Judson E. Ruch, York, Pa. (Luria, Still & Ruch, York, Pa., and R. Palmer Ingram, Baltimore, Md., on the brief), for defendant-appellant.

William D. Morgan, Asst. U. S. Atty., Scranton, Pa., for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

Certiorari Denied November 10, 1958. See 79 S.Ct. 118.

MARIS, Circuit Judge.

This is an appeal by the defendant from a judgment of conviction in a criminal case. The question raised by the defendant is whether the court erred in admitting evidence of an unregistered still, mash and nontaxpaid liquor discovered and seized in the defendant's dwelling house by internal revenue officers when, armed with a warrant of arrest, they searched the house in an unsuccessful effort to find and arrest the defendant. The appeal was argued at the last term and this court concluded, for the reasons given in our opinion then filed, that the seizure was lawful under the circumstances, that the evidence was properly received and that the judgment should be affirmed. 3 Cir., 246 F.2d 278.

Thereafter the Supreme Court granted a writ of certiorari, vacated our judgment of affirmance and remanded the case to this court for further consideration in the light of Jones v. United States, 357 U.S. 493, 78 S.Ct. 1253, 1256, 2 L.Ed.2d 1514, decided by the Supreme Court on the same day. 357 U.S. 573, 78 S.Ct. 1380, 2 L.Ed.2d 1547.

We have given the most careful consideration to the opinion of the Supreme Court in the Jones case but are unable to discover that it controls the case before us. In its opinion in that case the Supreme Court said that the search and seizure there involved "were considered to have been justified because the officers had probable cause to believe that petitioner's house contained contraband materials which were being utilized in the commission of a crime, and not because the search and seizure were incident to petitioner's arrest." Viewing the case in this light the court reversed the judgment of conviction based on the seized evidence, pointing out the settled doctrine that probable cause for belief that certain articles subject to seizure are in a dwelling cannot of itself justify a search without a warrant.

In the case before us, however, the facts as found by the trial judge, with which finding we agree, are that the officers searched the defendant's dwelling house in a bona fide attempt to find and arrest him and that they did not know of, or even suspect, the existence of the still, mash and liquor in the dwelling house until they came upon it in the course of their search for the defendant. This, then, is the case which the Supreme Court took pains to point out that the Jones case was not, and it falls within the exception to the rule requiring a search warrant which the court in that case expressly pointed out, namely, a "search incident to a valid arrest."

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19 cases
  • United States v. Enger
    • United States
    • U.S. District Court — District of New Jersey
    • 25 d5 Agosto d5 1978
    ...a citizen on a criminal charge. Certainly there is no constitutional right to be arrested promptly or otherwise. United States v. Joines, 258 F.2d 471, 472-73 (3d Cir.), cert. denied, 358 U.S. 880, 79 S.Ct. 118, 3 L.Ed.2d 109 I find no element here which suggests the United States acted imp......
  • United States v. Watson
    • United States
    • U.S. Supreme Court
    • 26 d1 Janeiro d1 1976
    ...supra; Carlo v. United States, 286 F.2d 841, 846 (CA2), cert. denied, 366 U.S. 944, 81 S.Ct. 1672, 6 L.Ed.2d 855 (1961); United States v. Joines, 258 F.2d 471 (CA3), cert. denied, 358 U.S. 880, 79 S.Ct. 118, 3 L.Ed.2d 109 (1958); Giordenello v. United States, 241 F.2d 575 (CA5), rev'd on ot......
  • Gross v. State
    • United States
    • Maryland Court of Appeals
    • 3 d5 Julho d5 1964
    ...any reasonable basis from the search of the premises of an accused as an incident to the lawful arrest of his person.' ); United States v. Joines (C.A.3) 258 F.2d 471, cert. den. 358 U.S. 880, 79 S.Ct. 118, 3 L.Ed.2d 109 (The Court of Appeals for the Third Circuit affirmed the trial court's......
  • Di Bella v. United States
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 23 d3 Novembro d3 1960
    ...need not be executed at the first opportunity. But, on the other hand, execution should not be unreasonably delayed. United States v. Joines, 3 Cir., 258 F.2d 471, certiorari denied 1958, 358 U.S. 880, 79 S.Ct. 118, 3 L.Ed.2d 109. The unreasonableness of a delay would depend upon the circum......
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