674 F.2d 843 (11th Cir. 1982), 80-7899, United States v. Lockett

Docket Nº:80-7899.
Citation:674 F.2d 843
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Curtis George LOCKETT, Defendant-Appellant.
Case Date:April 30, 1982
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 843

674 F.2d 843 (11th Cir. 1982)

UNITED STATES of America, Plaintiff-Appellee,

v.

Curtis George LOCKETT, Defendant-Appellant.

No. 80-7899.

United States Court of Appeals, Eleventh Circuit

April 30, 1982

Page 844

        Charles E. Clark, Birmingham, Ala., Court-appointed, for defendant-appellant.

        William A. Kimbrough, Jr., U. S. Atty., E. T. Rolison, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

        Appeal from the United States District Court for the Southern District of Alabama.

        Before TUTTLE, RONEY and HENDERSON, Circuit Judges.

        HENDERSON, Circuit Judge:

        On July 12, 1980, Agent John Osborne of the Bureau of Alcohol, Tobacco and Firearms (ATF) executed an affidavit to search the "residence of Curtis George Lockett at Rt. 2, Box 35, Sweetwater, Marengo County, Alabama," for dynamite and blasting caps stored in violation of 18 U.S.C. § 842(j). That section makes it "unlawful for any person to store any explosive material in a manner not in conformity with regulations promulgated by the Secretary

Page 845

(of the Treasury)." 1 Based on the affidavit of the ATF agent alone, the United States magistrate issued the search warrant. The search revealed 85 sticks of dynamite improperly stored in an abandoned car on the premises and seven sticks located inside a wooden house. Prior to trial, the district court, after an evidentiary hearing, denied the defendant's motion to suppress the fruits of the search. Lockett was subsequently convicted before a jury. He now raises several issues on appeal, the most significant of which is whether the evidence before the magistrate was sufficient to show the requisite probable cause necessary to authorize the search.

        In passing on the validity of the warrant, consideration may be given only to information brought to the attention of the magistrate. Aguilar v. Texas, 378 U.S. 108, 109 n. 1, 84 S.Ct. 1509, 1511 n.1, 12 L.Ed.2d 723 (1964); United States v. Melvin, 596 F.2d 492 (1st Cir.), cert. denied, 444 U.S. 837, 100 S.Ct. 73, 62 L.Ed.2d 48 (1979). Here, all of the evidence furnished to the magistrate is included in the affidavit. Record, Vol. 4 at 5. After describing the premises to be searched as the "residence" of Curtis George Lockett, the pertinent facts are related as follows:

Curtis George Lockett was dismissed by South Central Bell Telephone Co. in May of 1976; since that time Lockett has taken several legal actions against South Central Bell and has lost in each action; about 3-14-80 SCB Attorney Donald Edwards received an unsigned letter dated 3-13-80, believed to be from Lockett due to the content and which contains implied threats; said letter had attached photographs of the residences of several SCB officials and a SCB building; between 3-27-80 and 7-8-80 several telephone conversations between Lockett and SCB Attorneys Donald Edwards and Ken Jackson have taken place in which implied threats were made and explosives were mentioned by Lockett.

On June 19, 1980, an explosive device was found at a South Central Bell Building in Washington County, AL. This device consisted of dynamite and an electric cap.

On June 26, 1980, I checked the records of federally licensed Explosives Dealer, A.W. Compton and Son, Nanafalia, AL. I found an Explosive Transaction Record, Form 4710, dated 6-9-80 and signed by Curtis G. Lockett. This record revealed that Lockett purchased one case of dynamite, 20 electric caps, and 20 safety caps. A.W. Compton, Jr., partner, stated that he knew Curtis George Lockett personally and that he had made the sale to Lockett on 6-9-80. The...

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