219 F.2d 324 (7th Cir. 1955), 11172, United States v. Hinton

Docket Nº:11172, 11173.
Citation:219 F.2d 324
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Savannah HINTON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Susie POWERS, alias Susie Pendleton, Defendant-Appellant.
Case Date:February 10, 1955
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 324

219 F.2d 324 (7th Cir. 1955)

UNITED STATES of America, Plaintiff-Appellee,

v.

Savannah HINTON, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

Susie POWERS, alias Susie Pendleton, Defendant-Appellant.

Nos. 11172, 11173.

United States Court of Appeals, Seventh Circuit.

February 10, 1955

Page 325

Joseph E. Clayton, Jr., Chicago, Ill., R. Eugene Pincham, Chicago, Ill., and Bernice Z. Leaner, Lockport, Ill., of counsel, for appellant.

Robert Tieken, U.S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U.S. Atty., Chicago, Ill., of counsel, for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

Both of the defendants-appellants were convicted, under one count, of purchasing and selling narcotics, not in stamped packages, in violation of 26 U.S.C.A. 2553; and, under another count, of receiving, concealing and selling narcotics knowing them to have been illegally imported, in violation of 21 U.S.C.A. 174. On appeal counsel for the defendants did not appear on the date set for oral argument so the case was submitted to us on the briefs.

The defendants' two principal arguments on appeal are that no probable cause was shown for issuing the search warrant and that the warrant did not describe the place to be searched with sufficient particularity. Both these claims are based on the requirements of the Fourth Amendment which states that:

'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.' Fourth Amendment, United States Constitution.

The showing of probable cause and the particularity of the description of the place to be searched are usually treated separately, but in view of the problems presented by this appeal they must be considered together, for the scope of the warrant to search is dependent upon the extent of the showing of probable cause. The command to search can never include more than is covered by the showing of probable cause to search.

In this case one Jane Wilson signed an affidavit stating that on the day previous she had seen heroin being sold on the premises at 6423 Champlain Avenue in the City of Chicago by four different persons: Jane Doe alias Savannah White, Jane Doe alias Mama alias Seeley La Crois, Jane Doe alias...

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