United States v. Miller

PATTERSON, District Judge.

I agree with the commissioner’s findings of fact. The agent saw the defendant place two half-barrels upon a truck. He asked the defendant what was on the truck and received the answer, “Beer.” He then made a search of the truck and found that the barrels had no labels and contained beer. Upon these facts the commissioner concluded that there was no probable cause to search the truck and recommended that the motion to suppress be granted. But it seems to me that the facts of the case established probable cause. From the agent’s sight of the half-barrels being loaded,…