United States v. Jasper Junior Moody

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

This is an appeal by the government in a criminal case under 18 U.S.C. § 3731 (Supp.1973) from an order of the district court granting a motion to suppress as evidence 54 one-gallon jugs of nontaxpaid whiskey found in the trunk of a car driven by the defendant. 1 The government contends that the trial court erred in holding that the defendant has standing to challenge the constitutionality of the search in question, and in failing to find the warrantless search conducted in the case justifiable under the “automobile exception.” The…