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United States v. Campbell

United States Court of Appeals, Fourth Circuit
May 20, 1968
395 F.2d 848 (4th Cir. 1968)

Opinion

No. 11584.

Argued May 4, 1968.

Decided May 20, 1968.

Thomas W. Greene, Greenville, S.C. (Sol E. Abrams, and Abrams, Bowen Townes, Greenville, S.C., on brief) for appellant.

William B. Long, Jr., Asst. U.S. Atty. (Klyde Robinson, U.S. Atty., and Robert O. DuPre, Asst. U.S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and MacKENZIE, District Judge.


Convicted of possession of illicit whiskey, Othell Campbell has appealed, complaining that his motion to suppress evidence gained from an unlawful search and seizure should have been granted. The search in question was the viewing by Alcohol and Tobacco Tax Division agents from an adjacent cornfield of a transaction in illicit whiskey which took place in the backyard of Campbell's home. The agents were not within the curtilage and the "open field" doctrine is applicable to their observations. Hester v. United States, 265 U.S. 57, 44 S. Ct. 445, 68 L.Ed. 898; United States v. Shue, 4 Cir., 385 F.2d 416; McDowell v. United States, 8 Cir., 383 F.2d 599; Rosencranz v. United States, 1 Cir., 356 F.2d 310; United States v. Hassell, 6 Cir., 336 F.2d 684; United States v. Young, 4 Cir., 322 F.2d 443; United States v. Potts, 6 Cir., 297 F.2d 68; Hodges v. United States, 5 Cir., 243 F.2d 281; Care v. United States, 10 Cir., 231 F.2d 22; Janney v. United States, 4 Cir., 206 F.2d 601. Nothing said in Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576, requires a different result.

Affirmed.


Summaries of

United States v. Campbell

United States Court of Appeals, Fourth Circuit
May 20, 1968
395 F.2d 848 (4th Cir. 1968)
Case details for

United States v. Campbell

Case Details

Full title:UNITED STATES of America, Appellee, v. Othell CAMPBELL, Appellant

Court:United States Court of Appeals, Fourth Circuit

Date published: May 20, 1968

Citations

395 F.2d 848 (4th Cir. 1968)

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