United States v. Mayton

OPINION OF THE COURT

Over defense objection, evidence was admitted on behalf of the Government which had been obtained by two game wardens of the Fish and Wildlife Section at Fort Hood, Texas, in a search of accused’s vehicle. As explained by trial counsel and implied in certain remarks by the trial judge, the basis for the admission was not probable cause, as to which trial counsel said he did not "have any comment to make,” but "consent to the search.”

While two game wardens, Tucker and Rodgers, were on patrol, they stopped the accused, who was driving a pickup truck, by blocking the road…