United States v. Grover Lee Mullin and Stephen Parker Perry

J. SPENCER BELL, Circuit Judge:

Defendants Grover Lee Mullin and Stephen Parker Perry were tried and convicted for possessing non-taxpaid whiskey in violation of the Internal Revenue Code, 26 U.S.C. § 7206(4). Defendants appeal, assigning as error the failure of the district court to grant their motions to suppress evidence, alleged by them to have been illegally obtained. We reverse the judgment of the district court since in our view the arresting officer, in acting without a search warrant, committed an unreasonable search and seizure and thereby violated the broad mandate of the fourth…