brinegar
argued
decided
june
rehearing
denied
see
brinegar
irvine
ungerman
tulsa
petitioner
stanley
silverberg
washington
respondent
justice
rutledge
delivered
opinion
brinegar
convicted
importing
intoxicating
liquor
oklahoma
missouri
violation
federal
statute
forbids
importation
contrary
laws
state
conviction
based
par
use
evidence
liquor
seized
automobile
course
alleged
unlawful
importation
prior
trial
brinegar
moved
suppress
evidence
secured
unlawful
search
seizure
motion
denied
renewal
objection
trial
appeals
affirmed
conviction
certiorari
sought
solely
ground
search
seizure
contravened
fourth
amendment
therefore
use
liquor
evidence
vitiated
conviction
granted
writ
determine
question
facts
substantially
undisputed
six
evening
march
malsed
investigator
alcohol
tax
unit
creehan
special
investigator
parked
car
beside
highway
near
quapaw
bridge
northeastern
oklahoma
point
five
miles
west
line
brinegar
drove
past
headed
west
ford
coupe
malsed
arrested
five
months
earlier
illegally
transporting
liquor
seen
loading
liquor
car
truck
joplin
missouri
least
two
occasions
preceding
six
months
knew
reputation
hauling
liquor
brinegar
passed
malsed
recognized
ford
told
creehan
driving
officers
car
brinegar
driver
passing
car
agents
later
testified
car
especially
rear
end
appeared
loaded
something
brinegar
increased
speed
passed
officers
gave
chase
pursuing
mile
top
speed
gained
car
skidded
curve
sounded
siren
overtook
crowded
car
side
road
pulling
across
front
highway
one
leading
joplin
missouri
toward
vinita
oklahoma
brinegar
home
agents
got
car
walked
back
toward
petitioner
malsed
said
brinegar
much
liquor
got
car
much
liquor
got
car
time
petitioner
replied
much
much
questioning
admitted
twelve
cases
car
malsed
testified
one
case
front
seat
visible
outside
car
petitioner
testified
covered
lap
robe
twelve
cases
found
behind
front
seat
agents
placed
brinegar
arrest
seized
liquor
district
judge
hearing
motion
suppress
facts
stated
appeared
evidence
opinion
mere
fact
agents
knew
defendant
engaged
hauling
whiskey
even
coupled
statement
car
appeared
weighted
probable
cause
search
car
therefore
thought
probable
cause
agents
began
chase
held
however
voluntary
admission
made
petitioner
car
stopped
constituted
probable
cause
search
regardless
legality
arrest
detention
therefore
evidence
admissible
trial
said
overruled
petitioner
renewal
objection
appeals
one
judge
dissenting
took
essentially
view
held
district
dissenting
judge
thought
search
unlawful
therefore
statements
made
course
justify
search
crucial
question
whether
probable
cause
brinegar
arrest
light
prior
adjudications
problem
particularly
carroll
face
closely
approximates
situation
presented
carroll
decision
held
fourth
amendment
valid
search
vehicle
moving
public
highway
may
without
warrant
probable
cause
search
exists
went
rule
facts
presented
amounted
probable
cause
search
automobile
involved
carroll
case
three
federal
prohibition
agents
state
officer
stopped
searched
defendants
car
highway
leading
detroit
grand
rapids
michigan
seized
quantity
liquor
discovered
search
three
months
search
two
defendants
another
man
called
two
agents
apartment
grand
rapids
unaware
dealing
federal
agents
agreed
sell
one
agents
three
cases
liquor
agents
noticed
oldsmobile
roadster
three
men
came
apartment
license
number
presumably
official
capacity
proposed
purchaser
suspected
defendants
liquor
never
delivered
week
later
two
agents
patrolling
road
grand
rapids
detroit
lookout
violations
national
prohibition
act
passed
defendants
proceeding
direction
grand
rapids
toward
detroit
oldsmobile
roadster
agents
followed
defendants
distance
lost
trace
still
later
occasion
search
officers
patrolling
highway
met
passed
defendants
roadster
going
direction
detroit
toward
grand
rapids
recognizing
defendants
agents
turned
around
pursued
stopped
sixteen
miles
outside
grand
rapids
searched
car
seized
liquor
carried
ruled
information
held
agent
together
judicially
noticed
fact
detroit
active
centers
introducing
illegally
country
spirituous
liquors
distribution
interior
page
page
constituted
probable
cause
search
obviously
basic
facts
held
constitute
probable
cause
carroll
case
similar
basic
facts
case
search
automobile
moving
public
highway
made
without
warrant
federal
officers
charged
enforcing
federal
statutes
outlawing
transportation
intoxicating
liquors
except
conditions
complied
instance
officers
patrolling
highway
discharge
duty
stopping
car
starting
pursue
recognized
driver
car
recent
personal
contact
observation
lately
engaged
illicit
liquor
dealings
finally
driver
proceeding
identified
car
direction
known
source
liquor
supply
toward
probable
illegal
market
circumstances
indicating
probable
purpose
carry
illegal
adventure
ultimate
facts
necessarily
concrete
subordinate
facts
grounded
two
cases
differed
somewhat
detail
important
variations
details
proof
follows
carroll
agent
knowledge
primary
ultimate
fact
accused
engaged
liquor
running
derived
defendants
offer
sell
liquor
agents
three
months
prior
search
knowledge
derived
largely
malsed
personal
observation
reinforced
hearsay
officers
bargained
liquor
carroll
saw
number
defendants
car
whereas
fact
shown
record
carroll
took
judicial
notice
detroit
international
boundary
active
center
illegal
importation
spirituous
liquors
distribution
interior
case
facts
joplin
missouri
ready
source
supply
liquor
oklahoma
place
likely
illegal
market
known
agent
malsed
personal
observation
experience
well
facts
common
knowledge
treating
first
two
latter
less
important
matters
view
positive
undisputed
evidence
concerning
malsed
identification
brinegar
ford
think
significance
whatever
attaches
purposes
distinguishing
cases
fact
carroll
case
officers
saw
recalled
license
number
offending
car
record
discloses
like
recollection
likewise
impossible
distinguish
carroll
case
reference
proof
relating
source
supply
place
probable
destination
illegal
market
consequently
probability
known
liquor
operators
usi
connecting
highway
purposes
unlawful
business
course
legal
well
factual
differences
two
situations
statute
review
carroll
whole
nation
legally
dry
manufacture
importation
transportation
sale
intoxicating
liquors
prohibited
throughout
country
statute
question
importation
liquors
contrary
law
state
brought
seized
forbidden
carroll
case
judicially
noticed
detroit
located
international
boundary
canada
become
active
center
illegally
bringing
liquor
country
distribution
interior
pertinent
connection
circumstances
showing
probability
agents
acted
use
highway
connecting
detroit
grand
rapids
known
operators
liquor
purpose
carrying
unlawful
traffic
case
record
shows
brinegar
used
joplin
missouri
malsed
personal
knowledge
derived
direct
observation
merely
hearsay
seems
suggested
source
supply
occasions
within
preceding
six
months
also
discloses
brinegar
home
vinita
oklahoma
brinegar
apprehended
traveling
direction
leading
joplin
vinita
point
four
five
miles
west
line
joplin
like
detroit
carroll
case
ready
source
supply
unlike
detroit
illegal
source
far
appears
brinegar
purchases
entirely
legal
may
assume
present
purposes
transportation
liquor
missouri
reached
crossed
state
line
oklahoma
difference
however
insubstantial
important
thing
whether
joplin
illegal
source
supply
rather
joplin
ready
convenient
probable
one
persons
disposed
violate
oklahoma
federal
statutes
fact
demonstrated
fully
geographic
facts
malsed
direct
undisputed
testimony
personal
observation
brinegar
use
liquor
dispensing
establishments
joplin
procuring
whiskey
direct
evidence
lacking
carroll
detroit
reason
resorted
judicial
notice
commonly
known
facts
supply
deficiency
malsed
direct
testimony
based
personal
observation
dispensed
necessity
case
situation
relating
probable
place
market
bearing
probability
unlawful
importation
somewhat
different
broadly
facts
may
well
taken
state
oklahoma
whole
populous
northeastern
region
facts
record
know
agents
knew
oklahoma
state
time
search
law
forbade
importation
intoxicating
liquors
except
permit
generally
pretense
brinegar
secured
attempted
secure
fact
taken
connection
known
status
missouri
location
joplin
close
oklahoma
line
affords
natural
situation
persons
inclined
violate
oklahoma
federal
statutes
ply
trade
proof
therefore
concerning
source
supply
place
probable
destination
illegal
market
hence
probability
brinegar
using
highway
forbidden
transportation
certainly
less
strong
showing
respects
carroll
case
finally
important
potential
distinction
namely
concerning
primary
ultimate
fact
petitioner
engaging
liquor
running
malsed
personal
observation
brinegar
recent
activities
established
engaged
quite
effectively
agent
prior
bargaining
defendants
carroll
case
saw
brinegar
loading
liquor
larger
quantities
normal
personal
consumption
car
truck
joplin
occasions
six
months
prior
search
saw
car
brinegar
using
case
use
least
joplin
within
period
followed
several
months
prior
search
arrested
brinegar
unlawful
transportation
liquor
arrest
resulted
indictment
pending
time
trial
moreover
malsed
instantly
recognized
brinegar
ford
coupe
brinegar
driver
passed
parked
police
car
time
brinegar
moving
direction
joplin
toward
vinita
short
distance
inside
oklahoma
state
line
facts
undisputed
wholly
apart
malsed
knowledge
brinegar
bore
general
reputation
engaged
liquor
running
constitute
positive
convincing
evidence
brinegar
engaged
activity
less
convincing
evidence
carroll
defendants
offered
sell
liquor
officers
evidence
undisputed
admissible
issue
probable
cause
clearly
establishes
agent
good
ground
believing
brinegar
engaged
regularly
throughout
period
illicit
liquor
running
dealing
notwithstanding
variations
detail
therefore
think
proof
case
furnishes
support
quite
strong
made
carroll
case
indeed
stronger
respects
sustain
ultimate
facts
held
aggregate
constitute
probable
cause
search
identical
substantial
material
respects
one
made
nothing
variations
detail
affords
substantial
basis
undermining
ultimate
facts
held
sufficient
carroll
distinguishing
cases
ultimate
facts
found
carroll
constitute
probable
cause
taken
gether
present
case
fully
substantiated
proof
accordingly
carroll
decision
must
taken
control
situation
unless
overruled
true
although
trial
appeals
including
dissenting
judge
opinion
stated
latter
facts
within
knowledge
investigators
reasonable
trustworthy
information
prior
time
incriminating
statements
made
brinegar
sufficient
lead
reasonable
discreet
prudent
man
believe
intoxicating
liquor
transported
coupe
constitute
probable
cause
search
page
think
carroll
case
indistinguishable
one
material
facts
decision
continue
force
necessarily
follows
quoted
erroneous
absence
significant
difference
facts
fourth
amendment
incidence
turns
whether
different
trial
judges
draw
general
conclusions
facts
sufficient
insufficient
constitute
probable
cause
ii
remains
consider
one
asserted
difference
case
carroll
case
admissibility
inadmissibility
trial
evidence
agents
acted
making
search
particularly
evidence
concerning
knowledge
defendants
engaging
illicit
liquor
running
argued
first
case
distinguished
carroll
malsed
knowledge
primary
ultimate
fact
rested
wholly
largely
surmise
hearsay
argument
disproved
facts
record
set
forth
hearsay
much
indeed
emphasized
facts
derived
malsed
personal
observations
sufficient
without
hearsay
concerning
general
reputation
sustain
conclusion
concerning
illegal
character
brinegar
operations
distinction
based
upon
inadmissibility
evidence
asserted
said
carroll
defendants
offer
sell
liquor
agents
admissible
admitted
trial
evidence
malsed
arrested
brinegar
illegal
transportation
liquor
several
months
search
though
admitted
hearing
motion
suppress
excluded
trial
cf
michelson
inference
seems
evidence
concerning
prior
arrest
received
hearing
motion
event
conclusion
drawn
factors
relating
inadmissibility
evidence
purposes
proving
guilt
trial
deprive
evidence
whole
sufficiency
show
probable
cause
search
therefore
distinguish
case
carroll
case
apart
failure
take
account
facts
disclosed
malsed
direct
personal
observation
even
testimony
concerning
prior
arrest
excluded
distinction
places
wholly
unwarranted
emphasis
upon
criterion
admissibility
evidence
prove
accused
guilt
facts
relied
upon
show
probable
cause
emphasis
think
goes
much
far
confusing
disregarding
difference
required
prove
guilt
criminal
case
required
show
probable
cause
arrest
search
approaches
requiring
practical
effect
require
proof
sufficient
establish
guilt
order
substantiate
existence
probable
cause
large
difference
two
things
proved
well
tribunals
determine
therefore
like
difference
quanta
modes
proof
required
establish
variety
reasons
elating
probative
value
trustworthiness
also
possible
prejudicial
effect
upon
trial
jury
absence
opportunity
generally
accepted
rules
evidence
throw
many
exclusionary
protections
one
charged
standing
trial
crime
much
evidence
real
substantial
probative
value
goes
considerations
irrelevant
probative
weight
relevant
possible
misunderstanding
misuse
jury
thus
case
trial
properly
excluded
record
trial
cf
michelson
malsed
testimony
th
arrested
brinegar
several
months
earlier
illegal
transportation
liquor
resulting
indictment
pending
another
time
trial
case
certainly
done
basis
testimony
concerning
arrest
perhaps
even
indictment
surmise
hearsay
without
probative
value
yet
admitted
testimony
hearing
motion
suppress
evidence
seized
search
issue
guilt
probable
cause
determined
without
jury
rulings
one
admitting
excluding
identical
testimony
neither
inconsistent
improper
illustrate
difference
standards
latitude
allowed
passing
upon
distinct
issues
probable
cause
guilt
guilt
criminal
case
must
proved
beyond
reasonable
doubt
evidence
confined
long
experience
tradition
extent
embodied
constitution
crystallized
rules
evidence
consistent
standard
rules
historically
grounded
rights
system
developed
safeguard
men
dubious
unjust
convictions
resulting
forfeitures
life
liberty
property
however
standards
made
applicable
determining
probable
cause
arrest
search
seizure
especially
cases
involving
moving
vehicles
used
commission
crime
indeed
situations
officer
charged
protecting
public
interest
enforcing
law
take
effective
action
toward
end
standards
seldom
applied
dealing
probable
cause
however
name
implies
deal
probabilities
technical
factual
practical
considerations
everyday
life
reasonable
prudent
men
legal
technicians
act
standard
proof
accordingly
correlative
must
proved
substance
definitions
probable
cause
reasonable
ground
belief
guilt
mccarthy
de
armit
quoted
approval
carroll
opinion
page
page
less
evidence
justify
condemnation
conviction
marshall
said
century
ago
locke
cranch
since
marshall
time
come
mean
bare
suspicion
probable
cause
exists
facts
circumstances
within
officers
knowledge
reasonably
trustworthy
information
sufficient
warrant
man
reasonable
caution
belief
offense
committed
carroll
standards
seek
safeguard
citizens
rash
unreasonable
interferences
privacy
unfounded
charges
crime
also
seek
give
fair
leeway
enforcing
law
community
protection
many
situations
confront
officers
course
executing
duties
less
ambiguous
room
must
allowed
mistakes
part
mistakes
must
reasonable
men
acting
facts
leading
sensibly
conclusions
probability
rule
probable
cause
practical
nontechnical
conception
affording
best
compromise
found
accommodating
often
opposing
interests
requiring
unduly
hamper
law
enforcement
allow
less
leave
citizens
mercy
officers
whim
caprice
troublesome
line
posed
facts
carroll
case
case
one
mere
suspicion
probable
cause
line
necessarily
must
drawn
act
judgment
formed
light
particular
situation
account
taken
circumstances
problem
searching
home
place
privacy
presented
either
carroll
cases
involve
freedom
use
public
highways
swiftly
moving
vehicles
dealing
contraband
molested
investigation
search
movements
case
citizen
given
good
cause
believing
engaged
sort
activity
entitled
proceed
way
without
interference
one
recently
repeatedly
given
substantial
ground
believing
engaging
rbidden
transportation
area
usual
operations
immunity
officer
intercepts
region
knows
fact
time
makes
interception
circumstances
made
indicate
suspect
going
legitimate
affairs
mean
seems
assumed
every
traveler
along
public
highways
may
stopped
searched
officers
whim
caprice
mere
suspicion
question
presented
carroll
case
lay
border
suspicion
probable
cause
carefully
considered
problem
resolved
concluding
facts
within
officers
knowledge
intercepted
carroll
defendants
amounted
mere
suspicion
constituted
probable
cause
action
say
conclusion
wrong
lacking
reason
consistency
fourth
amendment
purposes
overridden
said
find
present
facts
substantial
basis
distinguishing
case
carroll
case
accordingly
judgment
affirmed
affirmed
justice
murphy
dissents
justice
burton
concurring
join
opinion
probable
cause
search
within
standards
established
carroll
whether
necessary
probable
cause
search
petitioner
car
existed
government
agents
caught
said
much
liquor
got
car
time
replied
much
clear
lower
courts
found
circumstances
case
necessary
probable
cause
search
petitioner
car
existed
probable
cause
search
existed
point
search
begun
lawful
without
search
warrant
demonstrated
opinion
search
disclosed
crime
course
commission
presence
arresting
officers
precisely
officers
good
reason
believe
fact
ensuing
arrest
petitioner
lawful
subsequent
denial
motion
suppress
evidence
obtained
search
properly
sustained
view
necessary
purposes
case
establish
probable
cause
search
point
earlier
colloquy
earlier
events
recited
opinion
disclose
least
ample
grounds
justify
chase
official
interrogation
petitioner
government
agents
manner
adopted
interrogation
quickly
disclosed
indisputable
probable
cause
search
arrest
view
earlier
events
justified
steps
taken
ment
agents
events
imposed
upon
government
agents
positive
duty
investigate
manner
adopted
alertness
proper
occasions
prompt
inquiries
investigations
effective
prevention
crime
enforcement
law
possible
government
agents
commissioned
represent
interests
public
enforcement
law
requires
affirmative
action
reasonable
ground
arrest
probable
cause
search
reasonable
ground
investigation
increasingly
true
facts
point
directly
crime
course
commission
presence
agent
prompt
investigation
may
discover
still
important
may
interrupt
crime
prevent
damaging
consequences
present
case
moment
agents
saw
petitioner
driving
heavily
laden
car
oklahoma
evidently
en
route
missouri
events
justifying
calling
interrogation
rapidly
gained
cumulative
force
nothing
occurred
even
tended
lessen
reasonableness
original
basis
suspicion
agents
crime
within
particular
line
duty
committed
presence
nothing
occurred
make
unlawful
line
duty
make
interrogation
suggested
interrogation
petitioner
voluntary
response
quoted
response
demonstrated
ample
probable
cause
immediate
search
petitioner
car
contraband
liquor
indicated
might
found
interrogation
petitioner
thus
made
agents
justifiable
investigation
crime
reasonably
suspected
course
commission
presence
resorted
petitioner
support
motion
suppress
evidence
crime
government
agents
duties
crime
prevention
crime
detection
well
duty
arresting
offenders
caught
commission
crime
later
identified
committed
crime
performance
first
duties
important
performance
last
case
performance
first
halted
commission
crime
also
resulted
arrest
offender
justice
jackson
dissenting
recently
promulgated
philosophy
rights
derived
constitution
entitled
preferred
position
murdock
pennsylvania
dissent
page
saia
new
york
agreed
give
constitutional
rights
preferred
position
without
relegating
others
deferred
position
establish
firsts
without
thereby
establishing
seconds
indications
wanting
fourth
amendment
freedoms
tacitly
marked
secondary
rights
relegated
deferred
position
fourth
amendment
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
protest
mere
rights
belong
catalog
indispensable
freedoms
among
deprivations
rights
none
effective
cowing
population
crushing
spirit
individual
putting
terror
every
heart
uncontrolled
search
seizure
one
first
effective
weapons
arsenal
every
arbitrary
government
one
need
briefly
dwelt
worked
among
people
possessed
many
admirable
qualities
deprived
rights
know
human
personality
deteriorates
dignity
disappear
homes
persons
possessions
subject
hour
unheralded
search
seizure
police
right
secure
searches
seizures
one
difficult
protect
since
officers
chief
invaders
enforcement
outside
occasional
flagrant
abuses
come
attention
courts
search
seizure
yields
incriminating
evidence
defendant
least
sufficiently
compromised
indicted
officers
raid
home
office
stop
search
automobile
find
nothing
incriminating
invasion
personal
liberty
innocent
often
finds
practical
redress
may
convinced
many
unlawful
searches
homes
automobiles
innocent
people
turn
nothing
incriminating
arrest
made
courts
nothing
courts
nothing
never
hear
courts
protect
innocent
invasions
indirectly
medium
excluding
evidence
obtained
frequently
guilty
federal
courts
used
method
enforcement
amendment
spite
unfortunate
consequences
law
enforcement
although
many
state
courts
inconsistency
disturb
local
excesses
invasions
liberty
amenable
political
correction
amendment
directed
new
centralized
government
really
dangerous
threat
general
liberties
people
come
source
must
therefore
look
upon
exclusion
evidence
federal
prosecutions
obtained
violation
amendment
means
extending
protection
central
government
agencies
search
brinegar
car
must
regarded
search
car
everyman
must
remember
extent
privilege
search
seizure
without
warrant
sustain
officers
interpret
apply
push
limit
must
remember
freedom
unreasonable
search
differs
rights
constitution
way
innocent
citizen
invoke
advance
protection
example
effective
interference
freedom
press
free
speech
religion
usually
requires
course
suppressions
citizen
often
go
obtain
injunction
rights
impartial
jury
aid
counsel
within
supervisory
power
courts
right
compensation
taking
private
property
may
vindicated
act
terms
money
illegal
search
seizure
usually
single
incident
perpetrated
surprise
conducted
haste
kept
purposely
beyond
supervision
limited
judgment
moderation
officers
whose
interests
records
often
stake
search
opportunity
injunction
appeal
disinterested
intervention
citizen
choice
quietly
submit
whatever
officers
undertake
resist
risk
arrest
immediate
violence
must
remember
authority
concede
conduct
searches
seizures
without
warrant
may
exercised
unfit
ruthless
officers
well
fit
responsible
resorted
case
petty
misdemeanors
well
case
gravest
felonies
prologue
come
case
brinegar
automobile
one
hence
within
express
protection
fourth
amendment
undoubtedly
automobile
presents
peculiar
problems
enforcement
agencies
frequently
facility
perpetration
crime
aid
escape
criminals
make
judicial
exceptions
fourth
amendment
reasons
seems
depend
somewhat
upon
gravity
offense
assume
example
child
kidnaped
officers
throw
roadblock
neighborhood
search
every
outgoing
car
drastic
undiscriminating
use
search
officers
might
unable
show
probable
cause
searching
particular
car
however
candidly
strive
hard
sustain
action
executed
fairly
good
faith
might
reasonable
subject
travelers
indignity
way
save
threatened
life
detect
vicious
crime
strain
sustain
roadblock
universal
search
salvage
bottles
bourbon
catch
bootlegger
sustains
search
application
carroll
dissent
regard
extension
carroll
case
already
much
taken
enforcement
officers
blanket
authority
stop
search
cars
suspicion
shall
confine
opinion
showing
several
ways
decision
seems
expand
already
expansive
right
stop
search
automobiles
first
place
national
prohibition
legislation
found
carroll
case
put
congressional
authority
back
search
without
warrant
cars
suspected
violation
congressional
authority
exists
case
voluntarily
dispensing
warrant
case
matter
judicial
policy
carroll
case
required
warrant
holding
act
congress
unconstitutional
second
important
distinction
carroll
case
lower
found
evidence
showed
probable
cause
search
case
two
courts
held
except
evidence
turned
search
consider
later
probable
cause
assume
facts
indistinguishable
important
distinction
emerges
decisions
carroll
held
facts
permitted
district
convinced
find
probable
cause
holds
facts
require
finding
probable
cause
shift
permissive
mandatory
basis
shift
inconsiderable
significance
sustained
search
without
warrant
carroll
case
emphatically
dec
ined
dispense
necessity
evidence
probable
cause
making
search
said
intolerable
unreasonable
prohibition
agent
authorized
stop
every
automobile
chance
finding
liquor
thus
subject
persons
lawfully
using
highways
inconvenience
indignity
search
travelers
may
stopped
crossing
international
boundary
national
protection
reasonably
requiring
one
entering
country
identify
entitled
come
belongings
effects
may
lawfully
brought
lawfully
within
country
entitled
use
public
highways
right
free
passage
without
interruption
search
unless
known
competent
official
authorized
search
probable
cause
believing
vehicles
carrying
contraband
illegal
merchandise
page
page
analysis
carroll
facts
shows
several
facts
common
two
cases
setting
facts
take
color
meaning
differ
essential
respects
carroll
case
primary
ultimate
fact
accused
engaged
liquor
running
surmise
hearsay
carroll
companion
time
arrest
come
meet
two
arresting
officers
known
officials
upon
understanding
customers
wanting
liquor
carroll
promised
sell
deliver
three
cases
case
reason
failure
deliver
officers
arrested
positive
personal
knowledge
men
trafficking
liquor
also
noted
officers
bargaining
liquor
saw
learned
number
car
bootleggers
using
business
time
arrest
recognized
car
took
judicial
notice
place
whence
carroll
stopped
coming
international
boundary
one
active
centers
introducing
illegally
country
spiritous
liquors
distribution
interior
page
page
facts
provided
foundation
opinion
subject
probable
cause
summed
follows
partners
original
combination
sell
liquor
grand
rapids
together
automobile
night
tried
furnish
whisky
officers
thus
identified
part
firm
equipment
coming
direction
great
source
supply
stock
grand
rapids
plied
trade
officers
saw
defendants
believed
carrying
liquor
doubt
think
equally
clear
reasonable
cause
thinking
page
page
rely
almost
exclusively
information
gained
personal
negotiations
officers
buy
liquor
defendants
show
probable
cause
dissenting
members
asserted
circumstance
subjected
accused
reasonable
suspicion
sort
direct
evidence
personal
knowledge
lacking
contrast
proof
brinegar
trafficking
illegal
liquor
rests
inferences
two
circumstances
neither
one
allowed
proved
trial
one
appears
officers
previously
arrested
brinegar
charge
conviction
appear
whether
circumstances
former
arrest
indicated
strong
probability
event
evidence
prior
arrest
accused
even
admissible
trial
prove
guilt
occasion
second
basis
inference
officers
also
say
brinegar
putation
liquor
runner
weakness
hearsay
evidence
revealed
trasting
personal
negotiations
proved
carroll
one
officers
testimony
reputation
admissible
trial
defendant
unless
unwise
enough
open
subject
offering
character
testimony
see
greer
say
evidence
inadmissible
prove
guilt
trial
may
considered
weighing
probable
cause
surprised
ready
rule
inadmissible
evidence
alone
vital
facts
without
facts
give
little
indication
guilt
establish
probable
cause
matter
law
fact
officer
malsed
stated
twice
september
september
six
months
arrest
saw
brinegar
missouri
town
liquor
lawful
loading
liquor
truck
car
case
draws
inference
courts
familiar
presume
local
conditions
refused
draw
seen
loading
liquor
truck
lawful
proof
defendant
unlawfully
trafficking
liquor
distance
away
carroll
case
evidence
offering
liquor
sale
anybody
time
carroll
case
offer
sell
liquor
officers
law
violation
seems
rather
foggy
reasoning
say
courts
obliged
draw
conclusion
legal
conduct
illegal
conduct
think
say
lower
courts
wrong
matter
law
holding
probable
cause
time
car
put
road
stopped
say
proper
consider
deficiency
supplied
followed
officers
engaged
chase
speeds
dangerous
participated
lawful
wayfarers
ditched
defendant
car
either
taking
initial
steps
arrest
search
seizure
committing
completely
lawless
unjustifiable
act
intended
set
search
unquestioned
seems
reason
doubt
minds
thought
cause
right
search
done
exactly
done
done
rightfully
executing
warrant
events
whatever
may
lacked
technically
arrest
search
seizure
form
coercion
duress
color
official
formidable
type
duress
course
contend
officials
may
never
stop
car
highway
without
halting
considered
arrest
search
regulations
traffic
identifications
proper
traffic
census
quarantine
regulations
many
causes
give
occasion
stop
cars
circumstances
imply
arrest
charge
crime
trail
pursue
suspected
car
destination
observe
keep
surveillance
arrest
search
car
forced
road
summoned
stop
siren
brought
halt
circumstances
disclosed
think
officers
position
one
entered
home
search
commencement
must
valid
saved
turns
johnson
mcdonald
see
nueslein
district
columbia
findings
two
courts
make
clear
search
began
proceeded
critical
coercive
phases
without
justification
probable
cause
yielded
save
reverse
judgment
justice
frankfurter
justice
murphy
join
opinion
footnotes
section
liquor
enforcement
act
stat
see
provides
shall
import
bring
transport
intoxicating
liquor
state
sales
except
scientific
sacramental
medicinal
mechanical
purposes
intoxicating
liquor
containing
per
centum
alcohol
volume
prohibited
otherwise
course
continuous
interstate
transportation
state
attempt
assist
shall
liquor
accompanied
permit
permits
license
licenses
therefor
hereafter
required
laws
state
importation
bringing
transportation
intoxicating
liquor
state
prohibited
laws
thereof
guilty
misdemeanor
shall
fined
imprisoned
one
year
art
effect
time
petitioner
arrest
made
unlawful
import
cause
imported
state
without
permit
intoxicating
liquor
containing
per
cent
alcohol
volume
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
neither
opinion
appeals
unpublished
opinion
trial
refers
carroll
case
fourth
amendment
denounce
searches
seizures
unreasonable
reason
authority
true
rule
search
seizure
without
warrant
made
upon
probable
cause
upon
belief
reasonably
arising
circumstances
known
seizing
officer
automobile
vehicle
contains
law
subject
seizure
destruction
search
seizure
valid
carroll
substantive
offense
charged
carroll
violation
national
prohibition
act
stat
et
seq
violation
liquor
enforcement
act
case
identification
car
previously
used
brinegar
liquor
running
activities
inferential
although
identification
use
joplin
source
supply
direct
undisputed
government
also
stresses
fact
present
carroll
case
flight
brinegar
realized
pursued
find
unnecessary
take
account
factor
deciding
case
factor
flight
see
husty
talley
heitner
jones
levine
unlawful
import
oklahoma
without
permit
intoxicating
liquor
defined
laws
state
containing
four
per
cent
alcohol
volume
see
note
supra
manufacture
sale
furnishing
tra
sportation
intoxicating
liquor
forbidden
oklahoma
indeed
showing
stronger
necessity
carroll
case
resorting
judicial
notice
establish
either
probable
source
supply
illegal
present
record
judicial
notice
hardly
needed
give
us
cognizance
differing
laws
missouri
oklahoma
joplin
proximity
state
line
ready
convenience
one
living
near
vinita
might
disposed
use
base
supply
importing
liquor
oklahoma
violation
state
federal
statutes
noted
carroll
case
neither
cited
referred
opinions
filed
trial
appeals
anything
record
us
showing
carroll
decision
considered
rulings
made
hearing
motion
suppress
trial
appeals
however
thought
even
fact
arrest
evidence
insufficient
show
probable
cause
time
brinegar
passed
police
car
inappropriateness
applying
rules
evidence
criterion
determine
probable
cause
apparent
case
application
warrant
magistrate
context
issue
probable
cause
frequently
arises
ordinary
rules
evidence
generally
applied
ex
parte
proceedings
opponent
invoke
partly
judge
determination
usually
discretionary
partly
seldom
final
mainly
system
evidence
rules
devised
special
control
trials
jury
wigmore
evidence
see
also
note
see
grau
said
way
dictum
search
warrant
may
issue
upon
evidence
competent
trial
offense
jury
giles
wagner
proposition
authority
decisions
stated
case
evidence
adduced
prove
probable
cause
incompetent
insufficient
support
inference
necessary
existence
probable
cause
statement
repeated
wagner
case
relies
solely
upon
giles
case
cited
grau
holds
warrant
bad
issued
basis
conclusions
grau
dictum
occasionally
applied
stated
dictum
courts
appeals
district
courts
simmons
worthington
see
also
reeve
howe
novero
cf
davis
see
note
criticism
grau
dictum
see
note
infra
text
marshall
full
statement
locke
may
added
term
cause
according
usual
acceptation
means
less
evidence
justify
condemnation
cases
seizure
fixed
well
known
meaning
imports
seizure
made
circumstances
warrant
suspicion
cranch
effect
husty
dumbra
steele
stacey
emery
carroll
opinion
also
quotes
approval
following
statement
facts
circumstances
officer
warrant
man
prudence
caution
believing
offense
committed
sufficient
page
page
ascription
statement
locke
cranch
appears
error
citation
see
discussion
exceptions
carroll
opinion
ff
intolerable
unreasonable
prohibition
agent
authorized
stop
every
automobile
chance
finding
liquor
thus
subject
persons
lawfully
using
highways
inconvenience
indignity
search
travelers
may
stopped
crossing
international
boundary
national
reasonably
requiring
one
entering
country
identify
entitled
come
belongings
effects
may
lawfully
brought
lawfully
within
country
entitled
use
public
highways
right
free
passage
without
interruption
search
unless
known
competent
official
authorized
search
probable
cause
believing
vehicles
carrying
contraband
illegal
merchandise
carroll
carroll
case
based
national
prohibition
act
stat
section
statute
provided
officer
discovered
person
transporting
liquor
violation
law
vehicle
officer
duty
seize
liquor
take
possession
vehicle
arrest
person
found
charge
thereof
officer
required
proceed
person
one
found
claiming
vehicle
sold
appropriate
notice
proceeds
paid
treasury
section
act
authorized
search
warrants
private
dwellings
used
illicit
liquor
business
proposed
amend
statute
forbid
search
automobile
without
warrant
disagreement
house
senate
restriction
finally
rejected
carroll
case
legislative
history
proposed
stanley
amendment
considered
length
concluded
without
amendment
act
way
open
searching
automobile
without
warrant
search
malicious
without
probable
cause
stated
issue
thus
intent
congress
make
distinction
necessity
search
warrant
searching
private
dwellings
automobiles
road
vehicles
enforcement
prohibition
act
thus
clearly
established
legislative
history
stanley
amendment
distinction
consistent
fourth
amendment