THURSDAY, MARCH 21, 1957
THE PILOT—Southern Pines, North Carolina
from
him
Judge Backs Up Patrolman In Search
Of Automobile For Illegal Whiskey
A Sanford attorney tried a here nor there, that Supreme
novel defense in an old situa- ^ Court opinions forbade only “im-
tion Monday in Moore recorders | reasonable search and seizure”
court, which, though it did not ^ and there was nothing unreason
able in an officer’s searching a
car which he had stopped be
cause of the driver’s intoxicated
condition.
Judge J. Vance Rowe agreed
with Solicitor Brown, upholding
the officer’s right to search the
car "if he has reason to think
there is whiskey inside,” admit
ting that “I may be wrong, but
I will so hold unless and until I
am reversed by a higher court.”
However, Douglas did not appeal
from his sentence o£ 60 days on
where >, he was i the roads, suspended on payment
see the whiskey, of $100 and costs, with license re
work, won a smile
judge as if according
for effort.
W. W. Staton, defending Odell
Luther Douglas of Sanford Rt. 1
on charges of drunk driving,
careless and reckless driving and
imlawful possession and trans
porting, in his motion for dismis
sal urged that the highway pa
trolman’s search of Douglas’ car
without a search warrant was il
legal.
“If the officer could see inside
the car from
standing and
that would be one thing, but if
he couldn’t see it and had to look
for it, he should have had a
search warrant first,” the attor
ney maintained.
He contended that Douglas was
not actually under arrest at the
time Patrolman E. C. Shomaker
searched the car and found the
several half-gallon jars of illicit
whiskey carefully stashed away.
Solicitor W. Lamont Brown
countered that that was neither
YEARS
OLD
vocation.
Other cases disposed of Mon
day: I
Joe Louis McDonald, Lake-
view, reckless driving, $25 and
costs.
Nelson Clarence, Southern
Pines, allowing unlicensed per
son to drive his car, and Alpha
McPherson, Southern Pines, driv
ing without license, judgment
continued for each on payment
of costs.
Harvey Eli Hartsell, Route 1,
West End, driving without li
cense, improper parking without
lights, $25 including costs.
Clarence L. Salmon, Route 2,
Carthage, driving without li
cense, judgment continued on
payment of costs.
George Vester Baucom, Jr.,
Sanford, driving without regis
tration card, unlawful possession
of seal-broken whiskey, improper
passing, $25 and costs.
Ralph Wayne Harrison, Route
1, Cameron, driving drunk,
speeding in excess of 90 miles
per hour, accident, damage, in
jury, three months on the roads.
Joseph Atlas McRae, Vass,
driving without license, failing to
yield right of way, accident, in
jury, judgment continued on
payment of costs, medical ex
penses of the injured persons and
$20 ambulance aervice.
Fred Martin, Route 1, Camer
on, unlawful possession, judg
ment continued on payment of
$25 and costs.
Harvey Lee Benymon, Addor,
speeding 80, reckless driving,
failing to stop, 60 days suspend
ed for two years on payment of
$75 and costs, license revoked as
provided by law.
WiUiam Boyd Overton, Jack-
son Springs, allowing intoxicated
person to operate his auto, public
dn|nk, $100 and costs, license
revoked. ' •'
Harold Dimcan Mclnnis, Jack-
son Springs, driving drunk, leav
ing scene, reckless driving,
amended to charge drunk driv
ing, second offense, three months
or $200 and costs, license revoked
for two years, two suspended
sentences ordered into commit
ment to run concturently, but if
defendant pays fine in ^s case,
he is also required to pay balance
due in other two cases cunount-
ing to $44.90.
David Hogan, Bynum, drunk
driving, reckless driving result
ing in accident, personal injury,
60 days or $100 and costs, license
revoked.
Donald W. Morrison, Pine-
hurst, speeding, accident, proper
ty damage, personal injury, 60
days or $25 and costs, defendant
to pay or cause to be paid medi
cal expenses of the prosecuting
witness, CoL Herbert Dietenhofer
of Pinehurst, and his daughter.
Page NINE
also damages to Dietenhofer’s
station wagon, defendant noted
an appeal, bond set at $200.
Thurman Carver Stutts, Rob
bins, speeding 65, capias, bond
$35.
Julian T. Bishop, Southern
Pines, failing to wear glasses as
required by operator’s license,
$23 including costs.
William F. Brown, driving on
expired license, continued.
Dolly Page Hancock, Southern
Pines, drunk driving, driving on
wrong side, accident, damage, in
jury, judgment continued on
pa3nnent of $100 and costs, also
costs of repairing Henry Thread-
gill’s auto (about $62).
• James Richard Voncanon, West
End, reckless driving, $25 and
costs.
David Leo Patterson, McCain,
unlawful possession, failing to
heed officers’ signal, 30 days on
roads or $25 and costs.
WiUiam Curtis Gamer, Gas
tonia, improper registration,
judgment continued on payment
of costs.
Obitt Couch and Kenneth L.
Hodges, Fort Bragg, unlawful
possession, 30 days on roads
$25 and costs.
R. E. Davis, Robbins, bad
check for $23.25, 30 days on
roads or costs.
Bud Toomer and John Henry
Toomer, West End, forcible tres
pass, assault on female, three
months, suspended for two years
on payment of $25 and costs
each, costs of repairing thq zone, improper passing, $5 and
Downes’ door, and good behavior costs.
conditions. Mattie McNeil, Southern Pines,
Pauling Shirer Steward, Sav- [ and George Joh^on, Fort Bragg,
annah, Ga., and Chapel HiU, bedding and cohabiting, costs
speeding 70# improper passing,
$35 and costs.
NeUie Louise Ward, Southern
Pines, speeding 60 in 45-mile
only (defendants have since been
married).
Tommie William Ling, Vass,
(Continued on Page 12)
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