(DOWNLOAD) "Turner v. Camp" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Turner v. Camp
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 15, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
This is an original petition in the District Court brought by Turner against Camp as United States district attorney and Johnston as special investigator for the Federal Alcohol Tax Unit. It states that petitioner was the owner of a described truck which was by one Letteer, a federal alcohol tax agent, unlawfully seized and himself unlawfully arrested while driving the truck on the highway in Cobb County, Georgia, on the way to Atlanta in Fulton County. He alleges the officer had no warrant and had no probable cause for believing that any law, State or federal, was being violated. Yet with entire frankness he also alleges "That said truck was loaded with lumber, but so it is that in the very center of said truck-load of lumber there was a trap or compartnment in which certain tax-unpaid liquor was stored. That said liquor in said compartment as aforesaid was not visible to anyone observing said truck because the same was completely surrounded on the sides, front and back with lumber stacked on said truck." There is no denial that petitioner knew the contraband liquor was so concealed and that he was in the very act of removing it contrary to law. He alleges that Johnston, the truck having been appraised at less than $500, is advertising it for sale as forfeited under R.S. § 3450, 26 U.S.C.A. Int. Rev. Code, §§ 2807, 3321, and that Camp is intending to present the evidence obtained by the unlawful search to the grand jury. The prayers are in effect that the search and seizure be declared illegal; that Camp and his assistants be restained from using any evidence obtained by said search; and that Johnston be restrained from disposing of the truck and that it be returned to petitioner. The district judge heard evidence and denied all the prayers, and this appeal followed.
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