United States v. Tate

LAYTON, District Judge.

The defendant was trñd and convicted of the offense of possessing an altered (sawed-off) shotgun on which the federal tax had not been paid as required by 26 U.S.C. § 5821. After verdict, a timely motion for judgment of acquittal was made upon the ground that conviction was based on evidence obtained as the result of an illegal search and seizure contrary to the provisions of the Fourth Amendment to the federal Constitution. 1

The facts are these. A Delaware State Highway Trooper on routine patrol observed defendant speeding along the highway at night. The officer…