Charles Spencer Haerr v. United States

CAMERON, Circuit Judge.

Haerr was convicted of unlawfully acquiring marihuana in violation cf 26 U.S.C.A. § 4744(a) and, this being his second similar offense, was fined and sentenced to eight years imprisonment. Upon trial by the Court appellant insisted that the contraband should not be allowed in evidence as it was obtained through illegal search and seizure. The only question here is whether there was in fact a search and seizure.

At approximately ten o’clock p. m. December 16, 1955, Haerr, seated alone in the back seat of his automobile and being accompanied by two companions, one of whom…