United States v. Sam Bowers

THORNBERRY, Circuit Judge:

In this liquor case, 26 U.S.C.A. § 5601, the United States is appealing the district court’s order granting appellees’ motion to suppress evidence seized incident to their arrest.

Two beverage agents of the State of Florida, Blysma and Russ, were patrolling along a dirt road in a rural area, looking for illegal distilling activity, when they saw “fresh travel” leading from the dirt road into a field. As they drove into the field, the officers observed a man with a shotgun running about fifty yards away. He looked toward the officers and Agent Russ was able to see that…