United States v. Hartsell

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The defendant Mr. Hartsell was indicted, inter alia, on a charge of possessing 64 gallons of taxunpaid whiskey. He interposed a motion to suppress evidence of this contraband, on the ground that such property was seized illegally without a warrant, Rule 41(e) (1), Federal Rules of Criminal Procedure. The Court received evidence on April 4, 1968 on the issues of fact necessary to this decision.

Mr. Steve B. Whitlow, special investigator in charge of the office of the alcohol and tobacco tax division, at Greeneville, Tennessee, was making an…