U.S. Court of Appeals for the Fourth Circuit, 1968

United States v. Othell Campbell

United States v. Othell Campbell
U.S. Court of Appeals for the Fourth Circuit · Decided May 20, 1968 · Haynsworth, Craven, Mac-Kenzie
395 F.2d 848; 1968 U.S. App. LEXIS 6862 (Federal Reporter, Second Series)

United States v. Othell Campbell

Opinion

PER CURIAM:

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; *849 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.

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