Robert Lafayette Potter, Jr. v. United States

COLEMAN, Circuit Judge:

Appellant was convicted of possession and removal of non-taxpaid distilled spirits in violation of 26 U.S.C., Sections 5205(a) (2), 5604(a) (1), and 5601(a) (12). The conviction stands on the discovery of a quantity of moonshine whiskey by Florida beverage agents as the result of a search, without a search warrant, of an automobile in which appellant was riding. There is no contention that the vehicle was not in appellant’s possession and control. A motion to suppress the fruits of the search on the ground that the search was unreasonable was denied and the appellant…