[DOWNLOAD] "United States v. Hassell" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: United States v. Hassell
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 19, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Appellant appeals from conviction before the United States District Court for the Middle District of Tennessee. He had waived
jury trial and the case was submitted to the court on stipulated facts. The court found the defendant guilty after overruling
his motion to quash a search warrant and suppress testimony. The District Judge sentenced appellant to two years on each of
the three counts of the indictment, with the sentences to run concurrently. The first appellate issue presented is appellant's contention that his Fifth Amendment rights were violated by the various
registration provisions of the Alcohol Tax laws. This court has recently rejected these arguments in United States v. Whitehead,
424 F.2d 446 (6th Cir. 1970). (Decided March 3, 1970) The second issue of substance is appellant's claim that there were material
errors in the affidavit which served to invalidate the warrant because of these inaccuracies. The inaccuracies pertain to
directions to be employed to reach the farm and asserted inaccuracies in describing it. There is, however, no question but
that three officers were left at the Howard Hassell farm while one went to procure the search warrant, that the search warrant
was asked for "the Howard Hassell farm," that Howard Hassell had lived at the farm searched for 12 years, and that the general
directions applied to that farm. The description was in our opinion ample to allow the officers to "ascertain and identify
the place intended." Steele v. United States, 267 U.S. 498, 503, 45 S. Ct. 414, 416, 69 L. Ed. 757 (1925). See also United
States v. Bowling, 351 F.2d 236 (6th Cir. 1965), cert. denied, 383 U.S. 908, 86 S. Ct. 888, 15 L. Ed. 2d 663 (1966).

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