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  • Obediah Gentry v. United States, 268 F.2d 63, 4th Cir. (1959)

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    Obeidiah Gentry appealed his conviction for possession of illicit liquor, arguing that the evidence should have been suppressed as the search extended beyond the scope of the arrest warrant. The Court of Appeals affirmed the conviction, finding that since the arrest was lawful and the officers smelled whiskey coming from the basement or garage, they were justified in extending the search to the garage where they discovered the liquor. The court upheld the denial of the motion to suppress, agreeing that no error had been committed.

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    Filed: 1959-06-15 Precedential Status: Precedential Citations: 268 F.2d 63 Docket: 7852_1

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    Obeidiah Gentry appealed his conviction for possession of illicit liquor, arguing that the evidence should have been suppressed as the search extended beyond the scope of the arrest warrant. The Court of Appeals affirmed the conviction, finding that since the arrest was lawful and the officers smelled whiskey coming from the basement or garage, they were justified in extending the search to the garage where they discovered the liquor. The court upheld the denial of the motion to suppress, agreeing that no error had been committed.

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    Obediah Gentry v. United States, 268 F.2d 63, 4th Cir. (1959)

    Uploaded by

    Scribd Government Docs
    Obeidiah Gentry appealed his conviction for possession of illicit liquor, arguing that the evidence should have been suppressed as the search extended beyond the scope of the arrest warrant. The Court of Appeals affirmed the conviction, finding that since the arrest was lawful and the officers smelled whiskey coming from the basement or garage, they were justified in extending the search to the garage where they discovered the liquor. The court upheld the denial of the motion to suppress, agreeing that no error had been committed.

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    of 1

    268 F.

    2d 63

    Obediah GENTRY, Appellant,


    v.
    UNITED STATES of America, Appellee.
    No. 7852.

    United States Court of Appeals Fourth Circuit.


    Argued June 10, 1959.
    Decided June 15, 1959.

    Kyle Hayes, North Wilkesboro, N.C., for appellant.


    Lafayette Williams, Asst. U.S. Atty., Greensboro, N.C. (James E.
    Holshouser, U.S. Atty., North Wilkesboro, N.C., on brief), for appellee.
    Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and
    BARKSDALE, District Judge.
    PER CURIAM.

    After arresting the appellant on a warrant charging unlawful possession,


    removal, and sale of whiskey, the arresting officers proceeded to search the
    appellant's home. The legality of the arrest is not disputed. Having detected the
    odor of whiskey apparently coming from the basement of the house or from the
    garage on the premises, the officers extended the search to the garage, where
    they found illicit liquor. In a prosecution for the possession of this liquor, a
    motion to suppress was offered and denied. We find no error.

    Affirmed.

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