Pearson v. United States

HUXMAN, Circuit Judge.

This is a proceeding to confiscate and forfeit an automobile seized by agents of the Alcohol Tax Unit. The judgment of the court below forfeited the automobile to the United States, and the owner thereof has appealed. The decision turns upon whether the search and seizure of the automobile without a search warrant was lawful and whether the evidence obtained as a result thereof was properly admitted. The facts are these:

On the day of the search, Roy B. Mogridge and Ernest H. Evans, two investigators for the Alcohol Tax Unit, were in the city of Fort Smith, Arkansas. They…