United States v. Edward Brookins

I respectfully dissent. The views originally expressed at 433 F.2d 463 remain unchanged.

The majority adheres to its original view that Brookins could not lawfully have been arrested for the possession of an unregistered still. The ground is shifted to the entirely new proposition that he could have been lawfully arrested for carrying on the business of a distiller. There is no getting around the testimony of the trained and experienced agent that he arrested Brookins for possessing a still, NOT for carrying on the business of a distiller.

If, however, a factor which had nothing to do with the…