United States v. Souther

NEESE, District Judge.

The defendant Felix Gilbert Souther has filed a timely motion to suppress for use as evidence in this case a quantity of contraband moonshine whiskey seized by investigators of the Alcohol and Tobacco Tax Unit of the Internal Revenue Service, United States Department of the Treasury. Complaint is made that this evidence was obtained by means of an illegal search of the defendant’s automobile and seizure of the contraband without a search warrant, Rule 41(e), Federal Rules of Criminal Procedure. It is also insisted that there was not probable cause for the defendant’s…