Legal Opinion

Noah Grimes and Thomas Pearson v. United States

Court of Appeals for the Fifth Circuit

Decided April 12, 1968No. 24733_1PublishedCited by 33 opinions

1Per curiam

Appellants were convicted of possessing non-tax paid whiskey in violation of 26 U.S.C.A. §§ 5205(a) (2) and 5604(a). They contend that the whiskey was unconstitutionally seized and that the grand and petit juries which considered their cases were illegally constituted.

The whiskey was seized by federal agents without a search warrant. The dispute centers on the location of the whiskey. It was found in a wooded area on land owned by appellant Grimes and behind a house which he occupied. The question presented is whether this location was within the curtilage of his home. The District Court…

2Cases cited5 opinions

  1. United States v. Roy B. Kelly, Cecil v. Hagen and Milton J. ShuckCourt of Appeals for the Second Circuit · 1965
  2. Paul A. Gorin v. United States of America, Henry Grillo v. United States of America, Saul Glassman v. United StatesCourt of Appeals for the First Circuit · 1963
  3. Rabinowitz v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  4. Alvin Chance v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  5. United States v. TillmanDistrict Court, N.D. Georgia · 1967

3Cited by33 opinions

  1. Granviel v. StateCourt of Criminal Appeals of Texas · 1976
  2. People v. SirhanCalifornia Supreme Court · 1972
  3. United States v. Oscar E. HydeCourt of Appeals for the Fifth Circuit · 1971
  4. United States v. JamesCourt of Appeals for the Fifth Circuit · 1976
  5. Michael Waldo Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1969

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