Legal Opinion

United States v. Elmer Samuel Chapman, United States of America v. James Terrell Knight

Court of Appeals for the Fifth Circuit

Decided November 10, 1969No. 27002_1PublishedCited by 15 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

Appellants were convicted by a jury of aiding and abetting each other in possessing certain property (6,480 pounds of sugar and a Dodge truck), knowing it was intended to be used in the nontaxpaid distilled spirits business, a misdemeanor under 26 U.S.C. § 5686 (a). 1 Both appellants filed motions to suppress evidence pertinent to the seizure of the property by the Federal Revenue Agent who, without a warrant, stopped the truck which appellant Chapman was driving, arrested Chapman and seized the truck and its load of sugar. These motions were denied. 2

Appellants…

2Cases cited27 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Brinegar v. United StatesSupreme Court of the United States · 1949
  4. Beck v. OhioSupreme Court of the United States · 1964
  5. United States v. RabinowitzSupreme Court of the United States · 1950

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3Cited by15 opinions

  1. United States v. ClarkCourt of Appeals for the Fifth Circuit · 1977
  2. United States v. Robert Wyman BoydCourt of Appeals for the Fifth Circuit · 1971
  3. United States v. ClarkCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. Tyree BirdsongCourt of Appeals for the Fifth Circuit · 1971
  5. United States v. Adell Carter and Mary Bailey JonesCourt of Appeals for the Fifth Circuit · 1975

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